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The
University of South Carohna
Libraries
Coleman Karesh Law Library
Digitized by the Internet Archive
in 2010 with funding from
Lyrasis Members and Sloan Foundation
http://www.archive.org/details/statutesatlargeo01edit
THE
STATUTES AT LARGE
SOUTH CAROIill^A;
EDITED, UNDER AUTHORITY OF THE LEGISLATURE,
THOMAS COOPER, M. D.— L. L. D.
VOLUME FIRST,
CONTAINING ACTS, RECORDS, AND DOCUMENTS OF A
CONSTITUTIONAL CHARACTER,
ARRANGED CHRONOLOGICALLY.
C0LU3IBIA, S. C.
PRINTED BY A. S. JOHNSTON.
1S36.
N-
COLEMAN KARESH LAW LmRAKS^
University of South CarUJfta
ITlUfllf Uf ClOtltf 11|l!li<
Page.
Communication to Governor M'Duffie. i
Preface. iii
Report of the Judiciary Committee, Dec. 9, 1835. xii
Introduction to the Province Lavv^s of S. Carolina, by Nicholas
Trott, L. L. D. 15
Contents of the first Charter of South Carolina. 21
First Charter granted by Charles 2d to the Lords Proprietors
of Carolina. 22
Contents of the second Charter of South Carolina. 31
Second Charter granted by Charles 2d to the Lords Proprietors
of Carolina, 31
Note of the Editor. 40
Extract from the manuscript journals of the House of Assem-
bly : Volume from 1702 to 1706. August 30, 1702. 41
The fundamental Constitutions of Carolina — Drawn up by
John Locke, March 1, 1669. - 43
Rules of Precedency. (Locke's Constitutions.) 56
An Act for removing and preventing all questions and disputes
concerning the assembling and sitting of the present Assembly
of the Settlement in South Carolina. 57
An Act for supporting the present government under the ad-
ministration of the Honorable James Moore, Esq. the present
Governor of the same, or any succeeding Governor ; 17 June,
1720. 5S
An Act for establishing an agreement with seven of the Lords
Proprietors of Carolina, for the surrender of their title and in-
terest in that Province to his Majesty. A. D. 1729. 60
Of the various promulgations of Magna Carta : by the Editor. 72
Contents of the Great Charter of King John, A. D. 1215. 75
iv TABLE OF CONTENTS.
Page,
Magna Carta Regis Johannis : l/)tli June, 1215, in the 17th
year of the King's reign. In latin, with a translation. 78
Note of the Editor on the derivation of Runnymead. 97
Contents of the Statute of 25 Edward I, reciting and confirm-
ing the Great Charter of 9th Henry 3d, A. D. 1297. 98
Magna Carta Regis Edwardi primi, 12th Oct. 1297, and 25th
of his reign. 100
Petition of Rights : presented to Charles 1st, on the 2nd of
June, 1628. 113
The King's answer thereto : and further petition thereon : with
the reply. 115
An Act for the better securing the liberty of the subject, and
the prevention of imprisonments beyond the seas ; commonly
called the Habeas Corpus Act : 31 Charles 2, chap. 2, May, 1679. 117
Bill of Rights ; passed 1 William and Mary, Sess. 2, ch. 2, A.
D. 16S9 : being an Act for declaring the rights and liberties of
the subject, and settling the succession of the Crown. 124
The Constitution of South Carolina of 26 March, 1776; agreed
to and resolved upon by the Representatives of South Carolina. 128
An Ordinance for establishing an Oath of Abjuration and Al-
legiance; passed 13th February, 1777. 135
The Constitution of South Carolina, 19th March, 177S. 137
An Act enforcing an assurance of Allegiance and Fidelity to the
State; 28 March, 1778. 147
Articles of Confederation. In Congress, July 8, 1778. 152
Act of Cession of Virginia of her title to land north and west
of the River Ohio ; March 1, 1784. 159
Resolution of Congiess accepting the Cession of Virginia of
lands north and west of the River Ohio; July 7, 1786. 162
Ordinance of Congress for the government of the Territory
north and west of Ohio ; July 13, 1787. 162
Act of Virginia, 30 December, 1788, supplementary to the Act
of Cession. 167
Act of Cession of South CaroUna, 8th March, 1787 and 9th
August, 1787. 168
Remarks by the Editor. 169
Constitution of the United States; 17th Sepl. 1787. 171
Amendments to the Constitution of the United States. 181
Resolution of the two houses of the Legislature of South
Carolina, respecting ainendments to the Constitution of the Uni-
ted States; 18th Dec. 1829. 183
The Constitution of the State of South Carolina; June 3, 1790. 184
Temporary additions thereto, June 3, 1790. 192
Amendments to the Constitution of South Carolina of June 3,
1790, viz. Dec. 17, 1808. Dec. 19, 1810. Dec, 19, 1816. Dec.
2Q, 1820. Dec. 19-20, 1828. Dec. 6, 1834. 193
TABLE OF CONTENTS. v
Page.
Resolution of the two houses, concerning the 4th Section of the
Constitution; Dec. 17, 1831. 198
Resolution of the two houses, respecting Elections, and the
4th Section of the Constitution of this State; Dec. 10, 1833. 199
Documents and Records concerning Federal Relations generally. 201
Preliminary remarks by the Editor, viz: 201
Double character of the States' and the United States government. 202
Brief history of the Tariff of protection in its rise and Pro-
gress among us. 203
Unconstitutionality of a Tariff Protection. 207
Injustice of a Tariff of Protection. 213
Inexpedience of a Tariff of Protection. 214
Objections to all Custom house taxation on foreign Imports. 216
Consolidation. 217
States Rights. 217
Nullification. 217
Power and jurisdiction of the Federal Judiciary. 219
Secession. 221
Coercion, 221
Allegiance. 221
Supremacy of a Congress Majority. 222
General Welfare. 222
Internal Improvements. 223
Report of the Committee on the preamble and Resolutions
presented by Pleasant May, Esq. member from Chesterfield, on
the subject of the Tariff. Dec. 8, 1820. 226
Report of the Special Committe on the decisions of the Fede-
ral Judiciary, and the acts of Congress contravening the letter
and spirit of the Constitution of the Union. Dec. 15, 1825. 228
Memorial, &c : being the x'eport of a special Committee of the
Senate of South Carolina, on the resolutions submitted by Mr.
Ramsay on the subject of States Rights. Dec. 12 & 19, 1827. 230
Protest and Instructions of the Legislature of South Caroli-
na, on the right of Congiess to impose protecting duties on Im-
ports: Dec. 19, 1828. 244
Resolutions on the right of Congi'ess to impose protecting du-
ties : Dec. 20, 1828. 246
Exposition and Protest reported by the Special Committee of
the House of Representatives of South Carolina, on the Tariff:
Dec. 19, 1828. 247
Ordered to be piinted, but not adopted. See note of the
Editor. 273
Report adopted by the Legislature of the State of GEORGIA,
on the resolutions of South Carolina and Ohio. Ordered to be
printed in the Pamphlet Laws, Reports and Resolutions of South
Carolina, Dec. Session, 1829. 274
vi TABLE OF CONTENTS.
Page.
Memorial on the subject of the late TarifF. addressed by the
General Assembly of the State of GEORGIA, to the Anti-
Tariff States. Ordered to be printed with the Pamphlet Laws,
Reports and Resolutions of South Carolina, at December Ses-
sion, 1829. 277
Remonstrance to the States in favour of a Tariff; adopted by
the Legislature of GEORGIA, Dec. 19, 1828. Ordered to be
printed among the Laws and Resolutions of the State of South
Carolina, at the Session of Dec. 1829. 286
Resolutions of Virginia, on the powers of the Federal Goveni-
ment. Ordered to be printed with the Acts and Resolutions of
South Carolina, at Dec. Session, 1829. 292
Resolutions of the Legislature of South Carolina, on the
Constitution of the United States, and the powers of the Gene-
ral Government. Dec. 17, 1830. 303
Report of the Committee on Federal Relations, concerning a
letter from General Jackson, President of the United States;
Dec. 14, 1831. 305
Documents relating to the Convention: first Session, which be-
gan November 19, 1832. 309
An act to provide for the calling of a Convention of the Peo-
ple of this State ; Oct. 26, 1832. 309
Note of the Editor, thereto. 310
Report of the Committee to whom was referred the Act to
provide for the calling of a Convention of the People of this
State. 312
An Ordinance to Nullify certain acts of the Congress of the
United States, purporting to be Laws, laying duties and imposts
on the importation of foreign Commodities ; Novr. 24, 1832. 329
List of such members of the Convention as signed the same. 331
Address to the People of South Carolina, by their delegates
in Convention. 334
Address to the people of Massachusetts, Virginia, New York,
Pennsylvania, North Carolina, Maryland, Connecticut, Vermont,
New Hampshire, Maine, New Jersey, Georgia, Delaware,
Rhode Island, Kentucky, Tennessee, Ohio, Louisiana, Indiana,
Mississippi, Illinois, Alabama, and Missouri. 346
Resolutions respecting the Proclamation of the President of
the United States. Adopted Dec, 17, 1832. 355
Report of the Committee on Federal Relations ; December
20, 1832. 356
Proclamation by the Governor of South Carolina; Dec. 21,
1832. 358
An act to carry into effect in part, an Ordinance to nullify
certain acts of the Congress of the the United States, purporting
to be laws, laying duties on the importation of foreign commodities,
TABLE OF CONTENTS. vii
Page.
passed in Convention of this State, at Columbia, on the 24th
day of November, in the year of our Lord 1832. 20th ])ec. 1832. 371
An Act concerning the Oath required by the Ordinance pas-
sed in convention at Columbia, the 24th day of November
1832. 20th Dec. 1832. 375
Documents relating to the Convention ; second Session, which
which began March 11, 1833. 377
Letter from the Governor of the State to the President of the
Convention. 377
Letter from the Governor of Vii-ginia to the Governor of
South Carolina. 380
Copy of the Preamble and Resolutions adopted by the Vir-
ginia Legislature, and transmitted through their commissioner
to the constituted authorities of this State. 381
Correspondence between the Commissioner of Virginia and
the constituted authorities of this State. 384
Letter from Governor Robert Y. Hayne to the Hon. Benj. W.
Leigh. 385
Letter from James Hamilton, Jr. to his Excellency R. Y.
Hayne. 386
Report of the Committee to whom was referred the communi-
cation of the Honorable Benjamin Watkins Leigh, Commissioher
from the State of Virginia, and all other matters connected with
the subject, and the course which should be pursued by the Con-
vention at the present important crisis of our political affairs. 387
An Ordinance, 15th March 1833, rescinding the nullifying Ordi-
nance of the 24th Novr. 1832. 390
Report on the mediation of Virginia. 391
Report of the Committee to whom was referred the act of
Congress entitled " An act further to provide for the collection of
duties on hnports." (Commonly called the FORCE BILL : 2d
March 1833.) 394
An Ordinance to Nullify an act of the Congress of the United
States, entitled, " An act further to provide for the collection of
duties on Imports," commonly called the FORCE BILL. 400
An Act (of Congress) to modify the act of 14th July, 1832,
and all other acts imposing duties on imports. (The present act
is known as Mr. Clay's compromising Law.) 401
Note of the Editor thereto. 403
Documents, Memoranda, and Acts of Assembly relating to the
Boundary Line of the State. 404
Preliminary Notices. 404
Extract from Timothy's Southern Gazette, October 21 ,1732, , „^
and Novi-. 4, 1732.
List of Documents- relating to the Boundary Line, now remain-
ing in the Office of the Secretary of State, at Columbia. 407
viii TABLE OF CONTENTS.
Page.
Documents relating to the Boundary between North and South
Carolina, to be found in the acts of the North Carolina Legisla-
tui-e, and in the office of the Secretary of the State of North
Carolina, at Raleigh, North Carolina. 409
Communication from Governor Swain, to Joseph G. Cogs-
well, Esq. (for Dr. Cooper) on the Boundai-y line between North
and South Carolina. 409
An Ordinance for ratifying and confinning a Convention be-
tween the States of South Carolina and Georgia, concluded at
Beaufort, in the State of South Carolina, on the 20th April 1787,
and in the 11th year of the Independence of the United States. 411
Notes on the wording of the Articles agi-eed on. 413
An act to declare the assent of this State to a Convention be-
tween this State and the State of Georgia, for the purpose of im-
proving the navigation of Savannah and Tugaloo Rivers ; 20th
December, 1825. 422
An act concerning the line of division between this State and
the State of North Carolina : 21st Dec. 1804. 415
An act for ratifying and confirming a provisional agreement
entered into between the State of South Carolina and the State
of North Carolina, concluded at M'Kinney's, on Toxaway River,
on the 4th Sept. 1813. 41$
Judge Brevard's Observations on the Legislative history of
South Carolina: from the 1st Vol. of his digest of the Laws of
the State. - 425
List of Judges and Attorney Generals. 439
Index. 441
COMMUNICATION
To His Excellency George M'DuJjIie, Governor of South-Carolina:
Sir — Hei'ewith I transmit the collection of materials meant to form the
■first volume f)f the Statutes at Large of South-Carolina. They can easily
be arranged for the Printer under my own superintendence and inspection,
when the jilan of the volume is finally settled by a Committee of the Legis-
lature, and when it is finally decided whether any and what parts of the pro-
posed materials shall be excluded from the volume. They consist of
First, The acts, documents and proceedings of a constitutional character,
all of which the Editor considers as expedient to be adopted. The reasons
of his opinion are contained in the preface to the work herewith transmitted,
Secondly, The legislative acts of Assembly, as adopted and arranged by
Judge Grimke, in his 4th edition of the public Laws, from the year 1694 to
1740. From the condition of the very eai'ly acts of Assembly in MS. and
the want of present interest in the subjects of them, the Editor has not
thought fit to commence earlier.* All the English Statutes declared of
force by act of Assembly, or any othei* reason, or under any other authority,
are inserted with the sjiecific reasons for their insertion.
Thirdly, The sections and clauses of acts which .Judge Grimke has reject-
ed as obsolete or repealed : these have been copied from the original acts,
because it appeared to the Editor desirable that the laws should be pre-
sented unmutilated by any private authority ; and for the reasons also
assigned in his preface. Whatever order shall be finally taken on this part
of the collection, the Editor will comply with, and if this supplement to the
hitherto mutilated acts as published shall be adopted, the Editor will take
care of their due and orderly insertion.
FourtMy, The notes and references of the Editor to such acts as seemed
to require illustration and comment. He has inserted to each act, where
they were called for, a reference to every other act subsequently passed,
relating in whole or in part to the same suhject matter : a reference also to
every decision thereon, throughout the twenty two volumes of South-Carolina
Reports.
The plan of this work cannot be finally and satisfactorily adjusted, till it
has been submitted to the inspection of His* Excellency the Governor, and
through him to the Legislature. When the plan is settled, the Editor will
proceed therein with as much despatch as is consistent with accuracy.
I have the honor to be, respectfully, sir,
Your obedient servant,
THOMAS COOPER.
But see the Report of the Judiciary Committee of December 9, 1835, unanimously
adopted by the Legislature, inserted at the end of this Preface, directing the present edition to
commence with the laws of 1682.
PREFACE.
The legislative records of South-Carolina commence in 1682 : from
that time to the present, no plan sanctioned by public authority has been
fomied and executed to collect, revise or digest our wiitten Laws. The
acts of Assembly have continued to increase by annual additions, pre-
served chiefly in loose and fugitive publications, until it has become
extremely difficult to make a collection of our lava's that shall fonn the
basis of any future revision, condensation, or digest. Of these laws,
enacted during a period of more than 150 years, many have been repealed,
many have become obsolete, others have been at various times altered and
modified, many have been passed without a due reference to fornier
enactments, many British Statutes have been adopted by foraial and direct
reference, others have been made of force indirectly and as a class of
s-tatutory provisions; until the Statute Law of South-Carolina has become
a confused mass of legislation, difficult to be collected, and still more
difficult to be clearly understood by the citizens who are required to
obey its regulations. Revisal, condensation, amalgamation, and some-
thing in the farm of an intelligible digest, have become absolutely neces-
sary; and every year of neglect adds to the labor and the difficulty of
performing this indispensable duty.
It is manifest, that before any step of this kind can be taken for the
future, it is necessary to have under our view the whole gi-ound occupied
by past legislation. We must know, precisely, what has been done, why
it has been done, when it has been done, and how it has been done, before
we can go to work to ascertain with reasonable certainty what remains to
be done. I have endeavored to supply this want by collecting in a chro-
nological series the whole mass of our public legislation, accompanied
with such notes and references, as may tend to elucidate what has been,
and facilitate what remains to be accomplished.
A collection of the laws of the Province of South-Carolina was made
by Chief Justice Trott, about the year 1736. It was in folio. It com-
prised all the acts of Assembly then in force, together with the titles of
such other acts as had been passed from the first settlement of the country.
Judge Trott, a learned and labourious Jurist, and during many yeais a
person of great influence in South-Carolina, died 21st January, 1740,
aged 77 years.
Judge Grimke, in the year 1790, published a collection of the laws of a
public nature, then deemed in force : with the titles of all the acts passed
IV.
PREFACE.
from tlie first establishment of civil govenimeiit in the Province. His
collection ends with the Constitution of Juno 3tl, 1790. Judge Grimke
has excluded all the acts of Assemhly that have been repealed, that have
expired, or that, under his view of the subject, have become obsolete.
These cases of exclusion he has adopted, with a latitude that I dare not
follow, and which sometimes has been exercised to(j loosely in his work.
It by no means, therefore, supplied the gi-eat desideratum of the Bench
and of the Bar — a work that might be fairly called the Statutes at large.
The digest of the Laws published by Judge Brevard, in 3 volumes,
1814, exhibits, perhaps, more sound judgment, as well as more laborious
research, than the collection by Judge Grimke : but as Judge Brevard's
compilation was intended for a manual only, it was not calculated to
satisfy the wants of the profession or of the public. From that time to
the present, upwards of 20 years, acts of Assembly have been annually
heaped on each other, without any adequate means of cautious reference
to what has been done precedently. Hence, I have carefully considered
the wants of the profession and of the public in this respect, and have
determined to submit to the Legislature, through the Governor of the
State, a publication that shall fulfil the idea of the Statutes at large ; and
which shall seiTe as an adequate basis or platform for future operations
by the Legislature, and more satisfactory decisions by the Courts.
The resolution of the Legislature, December, 1834, under which I act,
rans as follows :
" The Committee on the Judiciary, to which was referred the resolution
to inquire into the expediency of procuring to be compiled and published
the Statute Tiavi of this State, now of force, with a digested index there-
to— and also that part of the Governor's Message on the same subject —
having had the same under consideration, respectfully recommend the
adoptinrn of the following I'esolution, viz :
"Resolved, That His Excellency the Governor be ' authorized and
requested to employ some fit and competent person, to compile under his
direction the Statute Law of this State, ""vith a digested index thereto :
that he be requested to commvmicate at the next Session of the Legisla-
ture the progress of this work, and the compensation he may deem just
and equitable should be paid to the person thus employed : and that the
Governor be further authorized to pay from time to time such sum or svuns
as upon inspection of the work he may deem equivalent to the labor actu-
ally bestowed on the same by the person thus employed."
In considering this resolution, I have thought myself authorized to put
such a construction upon it, as would best answer the object intended, and
comport with the constitutional power of the Legislature.
I am required to compile an edition of the Statute La.w of South-Caro-
lina: is it to be an imperfect and mutilated edition of our public Law, or
one that will answer the description of the " Statutes at large"?" I have
prefeiTed the latter : because, it is better to insert somewhat too much
than somewhat too little : because, the reasons for a present law, are often
derived from, and the law itself elucidated by, tlie imperfections it is
PREFACE. V.
meant to supercede : hccause, wo cannot xmilersland the fuimer defects,
or the prof^ressive improvement of our legislation, unless by a full series
of our public Laws j^lacing it under our vievv' : Iccause, nglits become
vested during the continuance of Laws subsequently repealed, wliicli the
courts cannot decide on, without reference to the repealed statute, under
which they originated : because, present legislation is enlightened by the
reasons that have occasioned former enactments to be rejected. These
considerations appeared to me sufficient to justify, in a national work, the
insertion of Laws of a public nature, that have been repealed. It is not a
manual that is at 'present in question ; but the body of the Statute law of the
State. Nor can any manual worth looking at, be compiled, unless it be
based on this full and complete collection of the Statutes at large.
I have not deemed myself authorized under this resolution to decide
what part of our statute law is of force, and what is not of force — what
is obsolete and what is yet valid. Because, although ministerial authori-
ty may be delegated, legislative authority cannot. I should hold myself
sadly wanting in due respect to the Legislature, if I were to conceive
myself at liberty, under this resolution, directly or indirectly to abrogate
what they have thought fit heretofore to enact; or to declare any thing as
law under my own authority This is a power too great to be intrusted
to any individual, even if the constitution did notforhid it. That instniment
gives the power of re])ealing a law, that is the power of declaring it is not
in force, to the legislature alone. The 7th article of our Constitution
enacts, That all laxos of force in this State at the passing of this Constitu-
tion, shall so continue until altered or repealed, by the Legislature, except
where tliey arc temporary, in which case, they shall expire at the times
respectively limited for their duration, if not continued, hy the Legislature.
Moreover, it was solemnly decided in 1814, Cohen v. Hoff, 2 Tread. Con.
Rep. 657, that the GoveiTior has no discretionary power of appointment
to the exercise of judicial functions : he must confine himself in this respect
strictly within the constitutional limitations. Farther, in 1S17, when the
trial by battle was demanded on an appeal of murder, in the case of Abra-
ham Thornton, in the court of King's bench, the Judges were of opinion
that they had not the power of declaring this barbarous mode of decision
obsolete, either from disuse or its manifest absurdity : they detennined
that it must be abrogated, not by them but by the Legislature : an act of
parliament was accordingly passed, 59 Geo. 3, ch. 46.
An act of Parliament cannot be repealed by non v.ser. White qui tarn v.
Bott, 2 Term. Rep. 275. Such an opinion may have prevailed at dift'erent
times in England, but it is unfounded, and has no warrant in our law. —
Dwan-is on Statutes, p. 672. The French law (Discours pi-eliminaire du
premier projet du Code Civil,) acknowledges that a law may become
obsolete from desuetude by universal consent, but expressly declines
laying down any rule or foiTnal provision on the subject, from the danger
that might thence arise.
vi. PREFACE.
In the f'uco of tlit^se aiilhorilies, liow can I jnesume to decide, by omil-
liug its inst'itioii, wliat law is obsolete or not — what law is in force or not —
unless where legislative authority has expressly defined the line of my
duty in the case before me 1 I may (as I shall do) suggest that a law is
obsolete, but I cannot leave it out, if it bears on the face of it a public
character.
If it l)e a good rule to be cautious in committing discretionary author-
ity, it is a still better rule to be cautious in assuming it; and I hope to be
forgiven if in my own case I feel the necessity of this caution. I have
therefore thought fit, on mature consideration, to submit to his Excellency
the Governor the following plan of publication, viz :
To insert first, all the laws of a CONSTITUTIONAL character, rela-
ing to South-Carolina as a Province, and as a State.
I have inserted Magna Charta, the Petition of Right to Charles 1st, the
Habeas Coipus Act, and the Bill of Rights ; partly under the specific
enactments, and jiartly under the authoiity of the following section of
the Act of Assembly of 1712. (Grimke's Public Laws, p. 98) viz :
"Sec. 3. AJl f/tc Statutes of the Kingdoin of Eiigland, relating to the
Allegiance of the. people to her present Majesty Queen A?me, and her lawful
■ successors, and the several public oatJis, and requiring the tests to be subscribed
hy the people, and, also all such Statutes in the Kingdom of England as declare
THE Rights and Liberties of the subject, and enact the better securing
the same ; and so much of the said Stattitcs as relates to the above mentioned
particulars of the allegiance of the j^cople to their Sovereign, the public
oaths, and subscribing the Tests required cf them, and the declaring and
securing the rights and liberties of the subject, are hereby enacted
and declared to extend to, aiidto be of full force in this province ^ as if parti-
cularly enumerated in this act.'"
It is true, that much of these ancient English documents are now in
fact obsolete ; the provisions therein enacted have done their duty, and
they are in great part superceded ; but as the Legislature of South
Carolina has thought fit expressly to enact and adopt them, and has not
yet seen fit to reject or repeal them, I am bound to insert them ; nor can
I exercise a discretionary power of rejection in direct defiance of an
existing law of the land.
All the Statutes at large of England, in all their editions, commence
with the amended Magna Charta of Henry III., as re-enacted and con-
firmed by Edward I. This was the case with Joseph Keble's edition,
adopted by the Provincial Assembly, Dec. 1712. The Great Charter of
King John, the charter, by way of eminence, of our Historians, was not
then known to the public by any authoritative edition. It has been made
known since by the publications principally of Rapin the Historian, Sir
William Blackstone, the engraved fac simile of the Cotton library manu
script, and the last magnificent edition of the English Statutes at large,
recently published by Mr. Cooper, under the authority of the Parliamen-
tary Committee. From these sources now before me, I have thought it
r RE FACE. vii.
tlesh'able to republish it in my first vokinie, uiidei llic aiitliurity of tlio 3J
Section of tlie Ai:t of 1712, and tli(3 tliscussion in tlio Ist vol. of Jiay's
Rep. 384 ct seq. These documents have undoubtedly suggested our
American idea of written Constitutions. The Colo/iial Chartvrs laying
at the foundation of our Laws, I have deemed it necessary to re[)idjlish
with Chief Justice Trott's useful remarks. The Comtilution of John
Locke, though not foniially adopted by the Legislature, I was compelled
to republish, because the language employed in some of our early acts
of Assembly would be unintelligible without a reference to that document.
All the other acts, constitutions, and illustrations of the legislative pro-
ceedinsfs of the State, inserted under the class of CONSTITUTIONAL
documents, are well worth preserving as parts of our constitutional and
legislative proceedings ; and unless contained in this publication, they
would in a few years be lost, no more to be collected or remembered.
The second part of this work will consist of our LEGISLATIVE
enactments, or public laws properly so called ; repealed and unrepealed,
obsolete or otherwise ; with notes and references designating such laws or
parts of laws as may be repealed, or considered as obsolete in a popular
sense, although not so declared by any legislative authority ; the only
existing authority, that has the right to expunge them : an authority, which
in my opinion the Legislature cannot delegate to any man or set of men.
It is the high and exclusive prerogative of our Legislature ; to be exercised
by them and by them alone.
TABLE OF CONTENTS.
Judge Ti'Ott's introduction to the Charters of the Pi'ovince.
Table of Contents of the first Charter.
The first Provincial Charter.
Table of Contents of the scond Charter.
The second Provincial Charter.
Extracts by the Editor from the minutes of the Provincial Legislature,
rejecting the Constitutions jiroposed for Carolina.
John Locke's Constitution, with reasons for inserting it.
Act of. 23d Dec. 1719, declaring the session of the Assembly valid.
Act of 17th June, 1720, for supporting the present Government, and
renouncing the Proprietary Government.
Act of Parliament of 1729, establishing the agi-eement with seven of
the Lords Proprietors, and their sun-ender of Carolina.
The above three articles relate to the Revolution of 1719.
Notes by the Editor on the vai'ious promulgations of Magna Charta.
Table of Contents of the GREAT CHARTER of King John.
The Magna Charta of King John, signed at Runningmede, with a trans-
lation.
Table of Contents of the Magna Charta, enacted 9 Hen. 3d.
Magna Charta of 9 Hen. 3, confirmed 25 Edw. 1, with a translation.
The Petition of Right to King Charles 1st, and his acquiescence therein.
The Habeas Corpus Act of 31 Ch. 2d.
viii. PREFACE.
The Bill ol" Rights, 1st William and Mary, 1688.
The Constitution of South-Carolina, 26 March, 1776.,
Act establishing an oath of abjuration and allegiance, 13 Feb. 1777.
The Constitution of South-Carolina, 19 March, 1778.
Act enfoi-cing an assurance of fidelity and allegiance to the State, 28
March, 1778.
Declaration of American Independence, July 4, 1776.
Articles of Confederation, July 8, 1778.
Act of Cession of Virginia of her title to land riorth'West of the River
Ohio, 1 March, 1784.*
An Ordinance fen' the Government of the Territory of the United States
ncnth-west of the River Ohio. 13 July, 1787.
Resolution of Congi-ess respecting the same, July 7, 1786.
Supplementary act of Virginia, 30 Dec. 1788.
Constitution of the United States, 17 Sept. 1787, with amendments.
Report of the Committee of the Senate of South Carolina, Dec. 12, 1627,
on the nature and origin of the federal government, page 69 of the Reports
and Resolutions, in the pamphlet laws of December Session, 1827.
An act to provide for the calling of a Convention of the People of this
State, passed 26 Oct. 1832. (See appendix p. 1 to the Pamphlet Acts of
1834.) The Convention met Nov. 19, 1832.
An Ordinance to Nullify certain acts of the Congress of the United
States, purporting to be Laws laying duties and Imposts on the importation
of foreign commodities. (See Journal of the Convention, p. 47, 24 Nov.
1832) ; with the report of the Select Committee, accomjianying that
Ordinance. (See Jounial of the Convention, p. 27) 24 Nov. 1832.
An Addi-ess to the People of South-Carolina, by their Delegates in
Convention, 24 Nov. 1832. (See p. 54 of the Journal of the Convention.)
The Address of the Convention to the People of the United States, 24
Nov. 1832: (See p. 68 of the Journal of the Convention.)
An Act to cany into effect, in part. An Ordinance to nullify certain
Acts of the Congress of the United States, purporting to be Laws laying
duties on the importation of foreign commodities, passed in Convention
of this State, at Columbia, on the twenty-fourth day of November, in the
year of our Lord 1832. Passed 20th December, 1832. (See Pamphlet
Laws for 1832, page 15.
An Act concerning the Oath required by the Ordinance passed in
Convention, at Columbia, 24th day of November, 1832. Passed 20th
day of Dec. 1832. (See Pamphlet Laws for 1832, p. 22.)
Second Session of the Convention, March 11, 1833.
Report of the Committee, to whom was referred the Communication
* See the Collection of Laws of tlie United States, relating to public Lands : coH«cted
under a resolution of the House of Representatives, 1st March, 1826, and an order dated 19th
Feb. 1827 ; published by Gales & Scaton, 1828.
PREFACE. ix
of lire honorable 11 W. Leigh, Gonlmissioner from ihe .State of Virgniia
and all other matters connected with the subject, and the course which
should be j^ursued by the Convention at tlie present imjiortant crisis of
our political affiiijs. Adopted IGth March, 1833. (See Journal of the
Conven'tion, ji. 106.)
The Ordinance passed 15 March, 1833, on occasion of the Compromise
Act of the Congress of the United States. (Journal of the Convention,
p. 110.)
Repoit of the Committee, to whom was refeiTed the Act of the Con-
•gi-ess of the United States, entitled "An Act further to provide for the
collection of duties on Imports." Adopted March 18th, 1833. (See
Journal of the Convention, page 121.)
An Oi-dinance to Nullify an Act of the Congi-ess of the United States,
■entitled A?i Act further to provide for the Collection, of Duties on Imports,
commonly called the FORCE BILL, 18 March, 1833. (See Journal of
Ihe Convention, p. 129v)
Tlie present Constitution of South-Carolina, with the amendments to
1834.
Documents, References, and Acts of Assembly relating to the BOUND-
ARY LINE.
Judge Brevard's Observations on our Legislative history ; with additions.
Of the preceding catalogue of acts, statutes, ordinances and documents,
the greater part must necessarily be inserted. Concerning some of them,
doubts may arise whether they might not be omitted in this edition, altho'
(as the Editor conceives) there is indisputable legislative authority for the
insertion of every one of them : and as this work is not likely to be under-
taken again for many years to come, it seems far better to admit a fewpages
hiorethan are absolutely necessary, rather than leave our legislative history
incomplete. Nor will the debateable matter now offered and proposed
for insertion, occupy more than a third part of the volume at the utmost.
When we see the long continued trouble, and the immense expense dedi-
cated by the British Legislature to a work of the same kind, with the most
decided approbation of the British public, we can hardly have any reason-
able objections to incur a five hundredth part of that expense, in order that
we may leave nothing to be desired by a man of legal research, whose
professional duties compel him to resort to our collection.
But there is no need on the present occasion to appeal td the liberal
example of the British Government in presei-ving the documents of their
legislative history, in the late edition of their Statutes at large ; for, on the
7th day of December, 1827, our Senate
Resolved, That it is desirable and expedient to procure from the Office
of the Colonial Department in England, copies of such papers and docu-
X. PREFACE.
meiOiti as relate to the histoiy of this State ; beginning with tlie Charter of
Charles 2(1, in the year 1662. [As the present editor has also done.]
Rasolve/l, That his Excellency the Governor be, and he is hereby
requested to take measures for procuring a List of all such papers ; also,
for ascertaining whether it be practicable to obtain copies of the same, and
what will be the probable amount that may be reqiurcd to pay for them.
Ordered, That it be sent to the House of Representatives for concur-
rence.
By order of the Senate,
JOB JOHNSTON, C. S.
In the House of Representatives, Dec. 7, 1827.
Resolved, That the House do concur in the resolution.
Ordered, That it be returned.
R. ANDERSON, C. H. R.
What was done in consequence of this resolution does not appear. But
on the 17th December, 1828, the preceding resolution was again passed
in the same words, with an additional resolution, that a copy be furnished
to His Excellency the Governor by the Clerk.
Which resolutions were concurred in by the House of Representatives,
on the 18th Dec. 1828. (See pamphlet Laws and Resolutions for the year
1828, p. 37 of the Reports and Resolutions.)
Now, although these resolutions proceeded from a liberal and enlight-
ened view of public expedience, yet the historical documents thus
contemplated to be obtained, are not to be compared as to imme-
diate and practical utility with those which the editor proposes to
insert in the Constitutional dejiartment of the present volume. At any
rate, his proposal of preserving these documents as exhibited in tJie
present table of contents, is in perfect harmony with, and in pursuance
of the spirit and intentions of the Legislature, twice over expressed in
the above resolutions.
It seems to the Editor, moreover, that no future digest, code or col-
lection of the whole or part of our Law, whether under legislative
sanction or as a private undertaking, can be accurately or satisfactorily
made, unless by the aid of these Statutes at Large with the accompany-
ing notes and references, as a Basis and a platform whereon to build. It
will be satisfactory to know what laws have been repealed, rejected, or
lost in desuetude, that we may better understand the grounds and reasons
of the more modem substitutions. All that can be reasonably required
oy any future compiler up to this time, ought hei'e to be found, as I trust
it will be. Such, then, are the reasons that induce me to offer this plan
for the consideration of the Governor, and through him, of the Legisla-
ture ; with whom it will ultimately rest to determine how much of it, if
any, shall be rejected from the volume.
PREFACE. xi
Tlio rtucceediug part, oi' the work will bo appropriated to acts of a
pmblic character, passed by oui" Pi'ovincial and State Asscmbliets, and will
b© strictly LEGISLATIVE, comprising (for reasons above given) the
acts repealed and not repealed ; the acts presumed, but not expressly
declared by the Legislature to be obsolete ; and those that are undoubt-
edly in force. These will be accompanied with notes and references to
acts of Assembly, and to reported cases decided in the Courts of our own
State. The Index w^ill be made up during the printing of the sheets, as
is usual, because the paging cannot be inserted befoi-e.
When this edition of the Statutes at large of our own State, on tlie
plan now proposed, shall be completed with a separate Index to each
volume, the Editor contemplates making up a full general Index of all
the Laws of a public nature that have been enacted ; arranged under
appropriate heads, and comprising a digested summary or code of the
Statute Law of the State as it stands ; and this will complete the work so
far as the views of the Legislature appear to extend.
Indeed, the main object in view with many persons at the present time,
IS a full and accurate digested INDEX of all our statutory enactments —
an Index that may serve as a Code and Manual of our Statute Law, for
popular use. It is certainly desirable that such a work should be under-
taken and acccomplished ; and I propose this as part of the duty I have
myself undertaken. But such has been our irregular and miscellaneous
Legislation, and so many are the acts and parts of acts that have relation
to one and the same subject, intermingled with other matter in clauses
and places so unlocked for and unexpected to the generality of persons
who consult our acts of Assembly (as will be apparent from the notes and
references even now presented) that I assert without fear of contradic-
tion, such a digested Index or Code cannot be prudently attempted,
until the present edition of the Statutes at large, with the notes and
references accompanying it, shall have been completed. This edition
strchas I propose to make it, will be of absohite necessi'ty as a foundation
whereon to build the more brief and popular compilation desired. With
all the aids that can be furnished, a very difficult and laborious work it
vnll prove to be; and it should not be commenced, till all those aids are actu-
ally afforded, so that the compiler may have the whole ground before him.
This Prospectus is respectfully submitted to his Excellency tlie Gover-
nor,, witli a request that if he should approve the suggestion, it may u»-
clergo the examination of the Committee of the Legislature, to report how
mudi of this plan shall be adopted or rejected, and how, and in what size*
the work shall be printed, and by whom.
THOMAS COOPER.
The Edibotir sabmits v^^tker the numerous. Laws referaMc to the Soil-
lowiHg heads', woi*ld not be more conveniently col'lect-ed' to form a rolmwe
by themselves at the close of the work, \iz:
xii. T'REFacp:.
The series of Laws concerning SuppUe.'i and Appropriations. These
should not be left out, because it is satisfactory to know the manner in
which supplies have been raised from time to time, the objects upon which
the public money has been expended, and how much each has cost.
These items will undoubtedly come in aid of future legislation, and
form a necessary part of our legislative history.
The laws concerning Roads, Rivers, Bridges, Ferries, Canals, and Rail
Roads.
The Series of laws respecting Incorporated Societies,
The series of laws relating to the Citt/ of Charhstan.
The series of laws relating to the Militia, Cavalnj and Artillery.
The series of laws relating to the Colored Popidation.
The series of laws relating to the arrangement of Circuits, Circuit
Courts, Courts of Common. Pleas and Quarter Session, Courts of Equity,
Constitutional Courts, and Courts of Appeal.
Each of the preceding classes comprises so many laws, that if they be
dispersed through the volumes chronologically, a reference to them, even
■yvith the aid of an index, will be extremely ti'oublesome and laborious.
If they be collected together, and each class aiTanged according to the
order of date when each law was passed, the convenience of consultation
?ind desirable accuracy, will be greatly facilitated.
All which is respectfully submitted, by
THOMAS COOPER, M.D. L.L.D.
December 9tk, 1835.
The Committee on the Judiciary, to whom was referred that part of
the Governor's Message, wh\ch respected his proceedings under the Reso-
lution adopted at the last session of the Legislature, authorizing a Digest of
I he Statutes to be prepared, beg leave to
REPORT,
That they have examined, with all the care which their time permitted, the
materials prepared by Dr. Cooper for the work in which he is engaged, and
the plan which he purposes to adopt in its prosecution ; they are not only
satisfied with the laborious research and sound judgment which are exhibit-
ed, but they cannot doubt if he is enabled to fill up the outlines which have
been presented, the work will be of inestimable utility to the public, and
form a lasting monument to the learning and ability of this distinguished
jurist.
The Committee recommend that the Digest be completed on the plan
submitted by Dr. Cooper, in his preface, commencing with the legislative
records in 1682, and that the work be published by him with the aid and
counsel of two gentlemen to be appointed by the Legislature.
. PREFACE. xiii.
As the Committee rejrard it as of the last importance to secure tlie entire
intellectual powers of Dr. Cooper, and as the proposed work requires
much and severe manual labour, they recommend that he be permitted to
emj)loy a clerk, to whom the salary of five hundred dollars shall be allowed
for his services.
They also recommen<l that the suggestion oi" the Crovernor be adopted as
to the salary to be paid to Dr. Cooper while engaged in the prosecution
of the work. Respectfully submitted,
B. F. DUNKIN, C/mirman.
The above Report was unanimously atloptcd by both Houses of the
Legislature.
i/'r"
*»
THE
INTRODUCTION TO THE PllOYINCE LAWS
OF SOUTH-CAROLINA.
BY NICHOLAS TROTT, L. L. D.
His late Majesty King Charles the Second, by his royal Charter, bearing Trott's
date at Westminster, the twentieth day of March, in the fifteenth year of I^'troduction
his reign, Anno Domini 1662-3,* did give and grant unto Edward, Earl of
Clarendon, George, Duke of Albennarle, William Lord Craven, John
Lord Berkeley, Anthony Lord Ashley, Sir George Carterett,Ivnt. and Bart.
Sir William Berkley, Knight, and Sir John Colleton, Knight and Bm-onet,
a large teiTitory or tract of ground in America, bounded within 36 and 31
degrees of Northern Latitude, and West in a direct line as far as the South
Seas, as in the said Charter (a) is more particularly set forth: Whicli
said territory or tract of ground, was by his said Majesty in the said Charter
(b) erected into a Pro\'ince, by the name of the Province of Carolina, and
tliey, the said Edward, Earl of Clarendon, George, Duke of Albemarle,
William Lord Craven, John Loi'd Berkeley, Antony Lord Ashley, Sir
George Carterett, Sir William Berkeley, and Sir John Colleton, were
made and constituted (c) the tnie and absolute Lords and Proprietors of
the said Province ; saving the faith, allegiance, and sovereign Dominion,
due to the King, his heirs and successors. And accordingly by the said
Charter, the said Lords Proprietors are invested with all the Royalties,
Jurisdictions, Privileges, Powers and Authorities necessary for the Govern-
ment of the said Province. And his said Majesty King Charles the Second,
by a second Charter bearing date at Westminster, June thirtieth, in the
seventeenth year of his reign. Anno Domini 1665, did confirm unto the
said Lords Proprietors, the above-mentioned grant of the Province of
Caix)lina, and did enlarge the Bounds thereof, as the same is particularly
set forth in the said Charter, and did unite the Lands so added
unto the said Province of Carolina, and did confirm and renew unto the
said Lords Proprietors, as in the first Charter, all the Royalties, Jurisdic-
tions, Privileges, Powers and Authorities necessary for the government of
the said Province, with all and singular the like, and as ample rights,
Jurisdictions, Privileges, Prerogatives, Royalties, Liberties, Immunities,
and Franchises of what kind soever, within the ten'itory or limits aforesaid
of the said Province of Carolina; To Have, hold, use, exercise and enjoy
the same, as amj^ly, fully, and in as ample a manner, as any Bishop of
Durhamf in the Kingdom of England, ever heretofore had, held, used or
enjoyed, or of right ought or could have, use or enjoy.
* 1662-3, Marcli 20th. — It may be useful to explain this mode of Chronological notation. The
historical year commences January 1st. The civil year of England commences March 25th.
Hence, all the days between .January 1st and 3Iarch 2.5th, are liable to be designated cither as
belonging to the historical year or to the civil year. 3Iarch the 20th, above mentioned, will fall
n the historical year 1663, and in the civil year 1662. — EuiTOii.
t The Bishoprick of Durham is a Palatinate
U, STATUTES AT LARGE
Trott's 'I'liis sfvid two {,'liaitors are exemplified, and placed immediately afteT
.vTiioi)icrio> ^j^^^ Introduction. ^lis said Majesty King Charles the second, having by
his said royal Charter, granted unto the said Lords Proprietors the said
Province of Carolina, the said Lords Proprietors did agree upon Funda^
mental Constitutions for the better Government of the said Province,
contained in eighty-one articles, hearing date July twenty-first, 1669f and
signed,
ALBEMARLE fL. S.J
CRAVEN, (L. S.J
BERKLEY fL. S.J
ASHLEY fL. S.J
G. CARTERET fL. S.J
P. COLLETON fL. S.J
The Preamble to the said Constitutions is as follows^
" Our sovereign Lord the King, having out of his Royal Grace and
" Bounty, granted Unto us, George, Duke of Albemarle, Captain General
" of all his Majesty's forces, Edward, Earl of Clarendon, William, Earl of
" Craven, John Lord Berkley, Anthony Lord Ashley^ Chancellor of the Ex-
" chequer, Sir George Carterett, Vice Chamberlain of his Majesty's house--
" hold, Sir Peter Colleton, Baronet, and Sir William Berkley, Knight, the
" Province of Carolina, with all the Royalties, Properties, Jurisdic-
" tions and Priviliges of a County Palatine, as large and ample as the
" County Palatine of Durham; for the better settlement of the Government
" of the said i>lace, and establishing the interest of the Proprietors, with
" equality and without confusion, and that the government of this Provilice
" may be made most agreeable to the Monarchy under which we live, and
" of which this Province is a part, and that we may avoid the erecting a
" numerous democracy ; We, George, Duke of Albemarle, Edward, Earl
" of Clarendon, William, Earl of Craven, John Lord Berkley, Aflthony Lord
" Ashley, Sir George Carterett, Sir PeterColleton, and Sir William Berkley,
" the true and absolute Lords and Proprietors of the Province aforesaid,
" have agreed to this following form of Government, to be perpetually
" established among us, unto which we do oblige ourselves and our heirs,
" in the most binding Way that can be devised."
In a few months afterwards, the said Lords Proprietors agreed upon the
SECOND fundamental Constitutions of Carolina, contained in one hundred
and twenty Articles, bearing date the first day of March 1669-1G70, and
signed and sealed,
ALBEMARLE CRAVEN ASHLEY
CORNBURY JO. BERKLEY G. CARTERET P. COLLETON
The THIRD Fundamental Constitutions of Carolina, containing one hun-
dred and twenty articles, dated the twelfth day of January 1681-2, and
were signed and sealed
CRAVEN, Palatine. BATH, for the P. COLLETON
ALBEMARLE Lord CARTERET JOHN ARCHDALE for
SHAFTSBURY SETH SOTHELL THOS. ARCHDALE.
The Fourth Fundamental Constitutions of Carolina contained one hun-'
dred and twenty-one articles. But my copy of the said fourth Constitutions
being imperfect, I can neither give the date of the said Constitutions, nor
the names of the persons that signed the same.
OF SOUTH CAROLINA. 17
The FIFTH and last Fundamental Constitutions of Carolina, consisting of Trott's
forty-one articles, bearing date the eleventh day of April, 1698, were signed
and sealed,
BATH, Palatine, i BATH, for the WM. THORNBURGH foi
A.ASHLKY. \ Lord CARTERET. Sir .JOHN COLLETON.
CRAVEN. THO. AMY". VVM. THORNBURGH.
The Preamble to the fillh and last fundamental Constitutions of Carolina,
is as follows —
" Our late Sovereign Lord King Charles the second, having out of his
" royal grace and bounty, granted to us the Pro^•iuce of Carolina, with
" all the Royalties, Proprieties, Jui-isdictions and Privileges of a County
" Palatine, as large and ample as the County Palatine of Durham, with
" other great jirivilegcs ; for the better settlement of the GJovennnent of the
" said place, and establishing the interests of the Lord Proprietors, with
" equality and without confusion, and that the Government may be most
" agreeable to the Monarchy under which we live, and of which this Pro-
" vince is a part, and that we may avoid erecting a numerous democracy;
" We, the Lords Proprietors of the Province aforesaid, with the advice and
" consent of the Landgraves and Caseques and Commons, in this present
" Parliament assembled, have agreed to this following form of Government,
" to be perpetually established amongst us, unto which we do oblige ourselves,
" our heirs and successors, in the most binding way that can be devised."
These several Fundamental Constitutions of Carolina above mentioned,
were drawn up and agreed upon by the then Lords Proprietors, as a scheme
or modell of Government, with design to be proposed to the people of
Carolina, for their consent, and so to pass into a Fvmdamental unalterable
Law. But the people by their Representatives in assembly never giving
their consent to any of the above mentioned Constitutions, no one of them
ever obtained the force of a Law in South-Carolina, and therefore are not
insei'ted here in this (Trott's) collection of the Laws of the said Province.
How far they may be binding to the Lords Proprietors, amongst themselves, I
shall not take upon me to determine.
The first person that by the Loi'ds Proprietors was constituted Gover-
nourof the Province of South-Carolina, was Col. William Sayle.
A copy of his commission I have by me, bearing date July 26, 1669. It
is in the name of George, Duke of Albemarle, Edward, Earl of Clarendon,
William, Earl of Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir
George Carteret, Sir Peter Colleton, and Sir William Berkley, and directed
" To our trusty and well beloved. Col. William Sayle, Governour of all
that Territory, or part of the Province of Carolina that lies southward and
westward of Cape Carteret, and to our trusty and well beloved, our Coun-
sellors and assistants to our said Governour."
To this commission there was added Instructions, consisting of fourteen
articles. The Palatine and the rest of the Lords Proprietors sent over
further instructions, which they styled " Temporary Laws, Commissions
and instructions from the Palatine and the rest of the tnie and absolute
Lords Proprietors of the Province of Carolina, to the Governour and Coun-
cil of Ashley River in the said Province." These instructions consist of
nineteen articles, and the model of the town, and bear date at Whitehall,
May 1st, 1671. In the same book in which is contained several Transcripts
of-old records relating to Carolina, these follows, —
" Resolves agi-eed on by the Lord Pi-oprietors, that till by a sufficient
" number of inhabitants the Government of Carolina can be administred
VOL. L— 3.
18 STATUTES AT LARGE
Trott's acrording to tlie fonn established in the Fundamental Constitutions," — con-
.NTnoDJcTioN gjgfjjjg Qf seven articles, but without date. But ilie instructions that imme-
diately follow in the same book are dated December tenth, 1671, consisting
of four ar:icles.
So those resolves being placed between those temporary Laws or Instruc-
tions, May 1st, 1671, and the instructions dated the tenth of December
following, it is very probable that those resolves were made in the same
year, 1671.
Then follows instructions from the Palatine and the rest of the true and
absolute Lords and Proprietors oftheProvinceof Carolina, dated June twen-
tieth, 1672, consisting of six articles. In the Preamble to which is set forth
as followeth;
" Since the paucity of nobility and people will not permit the Funda-
" mental Constitutions presently to be put into practice, it is necessary for
" the supply of that defect, that some temporary laws should in the mean
" time be made for the better ordering of affairs, till by a sufficient number
"" of inhabitants of all degrees, the Government of Carolina can be admin-
" istred according to the form established in the Fundamental Constitu-
" tions ; We, the Lords Proprietors of Carolina, upon due consideration,
" have agreed to these following ;"
1st. The Palatine shall name the Govemour, &c. then follows —
Agrarian Laws, or Instructions from the Lords Proprietors to the Go-
vernour and Council of Carolina, containing twenty-three articles, the
Preamble to which is as follows :
" Since the whole foundation of Government is settled upon a right and
" equal distribution of land, and the orderly taking of it up is of great
" moment to the wellfare of this Province ; and although the regulation of
" this, need not be perpetual , yet since all the concernment thei-eof will
" not cease as soon as the Government comes to be administred according
" to the forms established in the Fundamental Constitutions, that the whole
" distribution and allotment of land may be with all fairness and equality,
" and that the convenience of all degrees may be as much as is possible in
" their due proportion provided for. We, the Lords Proprietors of Carolina,
" have agreed on these following Temporary Agrarian Laws.
" Before any river begin to be planted," &c.
And the last article is as follows —
" XXIII. If the Governour and Council in Carolina, shall at anytime
" hereafter represent to the Lords Proprietors, that any of the Agrarian
" Laws for taking up and setting out of land, are inconvenient, the Lords
" Proprietors reserve to themselves a power of altering the same."
These Agrarian Laics, or instructions, are without date, but I suppose
they might be sent with the Instnictions immediately preceding, dated June
20th, 1672, and were of the same date. All these instructions or temporary
laws, as they tei-m them, I suppose were made and sent during the govern-
ment of the said Col. William Sayle, Joseph West, Esq. (the first time of
his being Govemour) and Sir John Yeamans, Bart., the latest of them being
dated June twentieth, 1672, and Sir John Yeamans was proclaimed in
April, 1672. Col. William Sayle, the Governor, dying, he was succeded by
Joseph West, Esq. who was chosen Governor August 28th, 1671, being the
first time of his being Governor. And he was succeeded by Sir John
Yeamans, Bart., whose commission was dated Decem.ber 26th, 1671,
and who was proclaimed Governor, April 19th, 1672 ; he died in Auguct,
1674.
OF SOUTH CAROLINA. 19
I cannot find any acts of the General Assembly passed during the several
Governments of the said Col. William Sayle, Joseph West, Esq. the first "^
time of his being Governor, or Sir John Yeanians.
At a Coiuicirheld August l-'ith, 1674, Col. Joseph West was again
chosen Governor, upon the death of Sir John Yeamans, being the second
time of his being Governor, and continued Governor until September 26,
1682.
All the acts of the General Assembly that I could find, passed during the
second time of Col. West's being Governour, the titles of them are contained
in this collection, from number 1 to 19, and are the most ancient acts of
Assembly that I could find, upon a diligent search in the Records of the
Secretary's office, and upon perusing some old books and transcripts of laws
which I have, that contain laws more ancient than any in the Secretary's
oflSce.
At a Council held September 26th, 1682, Landgrave Joseph Morton
produced a commission from my Lord Craven to be Governour, and accord-
ingly took his place as Governor, being the first time of his being Governor.
I do not find any acts of General Assembly, passed in the first time of
Landgrave Morton being Governor.
On September 6th, 1684, .Joseph West, Esq. signed a grant as Governor,
being the third time of his being Governor. The acts of Assembly I could
find passed during the third time of Col. West's being Governour, ai-e in this
collection, from number 20 to 25, inclusive. He was succeeded by Sir
Richard Kirle, who in about six months after his arrival and taking upon
him the Government, died; and I have been informed by some of the ancient
inhabitants, that upon the death of Sir Richard Kirle, Col. Robert Quarry
was chosen Governor, but did not continue in the Government above two
months. I cannot find any acts passed during the short Government of Sir
Richard Kirle, or Col. Quany. Col. Robert Q,uarry was succeeded in the
Government by Joseph Morton, Esq. being the second time of his being
Governor, (1685) in whose time all the acts that I could find passed, the title.s
of them are contained in this collection, from number 26 to 30, inclusive.
The succession of the Governors of the Province of South-Carolina, from
the time of Joseph Morton, Esq. being GoveiTior the second time, to the end
of the time of passing the acts contained in this volume, the reader will see
in the following collection of laws, viz : ^
The honorable JAMES COLLETON, Esq. (1686)
SETH SOTHWELL, Esq. (1690)
PHILIP LUDWELL, Esq. (1692)
THOMAS SMITH, Esq. (1693)
JOSEPH BLAKE, Esq. (1695) the first time.
JOHN ARCHDALE, Esq. (1696) of North Carolina, also
JOSEPH BLAKE, Esq. (1696) the 2d time Governor.
JAMES MOORE, Esq. (1700)
Sir NATHANIEL JOHNSON,Knt.(1703) \ "^^ Carolba'^^'
Col.EDW'D. TYNTE, Esq. (1710) alsoofN.& S.Carolina.
ROBERT GIBBES, Esq. (1711)
CHARLES CRAVEN, Esq. (1712)
ROBERT JOHNSON, Esq. (1717) the first time.
In the year 1719, in the time of the Government of the honorable Robert
Johnson, Esq. aforesaid, the generality of the inhabitants of the Province of
South-Carolina, being very much dissatisfied with being under the Govem-
Trott's
TROUUCTION
20 STATUTES AT LARGE
Trott's mont of tlio Lords Proprietors, and tliiiikiiig tliey eliould be better protected
Introditction [j- jjjgy ^vere immediately under the Government of tbe King; after having
had several meetings and consultations in order thereunto, they at last pub-
lickly disowned the Lords Pro|)rietors's Government.
And there being a necessity at that time to issue out wntts to call an As-
sembly, ,
Uj^on the first meeting of the said Assembly they publickly declared in the
presence of the Governor and his Council, that they would not treat with, or
allow of any one that acted by commission or Authority from the Lords
Proprietors, to whose government they were resolved they would no longer
submit.
They had that respect for the then Goverfior Johnson, that they offered to
continue him in the Government, if he would administer the same in the
name of the King, by vertue of such their electing or authorizing him so to
do, without any regard to his commission from the Lords Proprietors, though
confinned therein by the King, pursuant to the act of Parliament in that
behalf.
But the Governor not thinking it safe or honourable to take upon him the
Goveniment by vertue of such an authority, he absolutely refused the same,
and as far as he could, opposed them in their proceedings.
Whereupon they made an offer of the Government to Col. James Moore,
son to the former Governor Moore, who readily accepted of the offer, and
thereupon took upon him the Government of the Pz'ovince, and passed seve-
ral laws, the titles of which are contained in this collection, from number
423 to 45L
Accounts being sent home to Englaiid of this change of affairs in the
Province of South Carolina, that the people had flung oft the Government
of the Lords Proprietors, and renounced any obedience to them or their
Governor, and having appointed a Governor by their own authority:
His late Majesty King George the first, was pleased to constitute and
appoint by commission under the broad seal of England, Francis Nichol-
son, Esq. to be provisional Governor of this Province, till the matter was
decided between the King and the Lords Proprietors.
Accordingly the said Francis Nicholson Esq. arriving in this Province the
21st day of May, 1721, he published his commission from the King, and
took upon Jiim the Goveniment, and passed several laws or acts which are
contained in the first part of this collection, from number 452 to 518, and in
the second part containing Temporary Acts, from number 1 to 8.
The said Governor Nicholson going home to England, the Government
was administered by the honourable Arthur Middleton, Esq. as President
of the Council.
During the time of his administering the Government as President, he
passed several acts, which are contained in the first part of this collection,
from number 519 to 542 inclusive, and in the second part containing the
Temporary acts, from 9 to 11 inclusive.
At last, in the second year of the reign of his present Majesty, (1729) seven
of the Lords Proprietors of Carolina came to an agreement to suiTender
their title and interest in the Province of Carolina to his Majesty.
Which agi-eement was confirmed by act of Parliament, passed in the
second year of his Majesty's reign, entituled "an act for establishing an agree-
ment with seven of the Lords Proprietors of Carolina, for their suiTender of
their title and interest in that Province to his Majesty." The copy^of the said
Act of Parliament is inserted in this collection, as being proper to be known
by the inhabitants of this Province, and is placed immediately after the last
laws passed by Arthur Middleton, Esq. No. 542.
OF .SOUTH CA170LIXA. . 21
Upon this above mentioned acrccmont, made witli seven of llic Uords . 'I'noTT'.s
Proprietors, to surrender llicir tJtle and niteresl to ni,s iMnjesty, and llie same
heinjT established and confirmed by the said act of Pai-li;nnent, liis Mcijesty
■was pleased to (jive his royal commission under the bruad senl of" JOn^^land,
unto the above mentioned Roi!KRT Jounsox, Esq. coiislitutin<r him Governor
of this Province, with the usual full and ample; powers given to the other
CJoveiTiors of the King's jdantations.
His Excellency Robert Johnson, Es(|., arrivine^ at this Province in the
month of December, 1 730, he published his commission, and took upon him
the Government of this Province, and hath passed several acts which arc
contained in the first part of this collection, from number r)i;> to 577 inclu-
sive, and in the second part containing the temporary acts, i'rom number lr>
to 36 inclusive.
CONTENTS OF THE FIRST CHARTER OF CAROLINA, 1GG3.
Section 1. The Proprietors therein named having besought King Charles
the Second for leave to make a Colony in America, not yet cultivated or
jdanted,
2d. The King gives, grants and confirms to them all that Territory in
America, bomided within 36 and 31 degrees of North Latitude, and West
as far as the South Sea,
3d. With Patronage, Jurisdictions and Privileges.
4th. Creating them Lords and Proprietors of the said Province, in free
and common Soccage.
5th. The said country and Islands erected into the Province of Carolina.
Power granted to enact Laws for the whole Province, or any part
thereof.
And to appoint Judges, Justices, Magistrates, and Officers.
6th. And until Assemblies of Freeholder's be called, the said Proprietors
to make orders and Ordinances.
7th. License to all the King's liege people to transport themselves to said
Province.
8th. Licence to freight to every port, and transport goods, wares and
merchandizes, saving to the King the customs and duties.
9th. Sundry goods to be imported and exported duty free.
10th. Ports and harbours to be constituted.
11th. Subsidies to belong to the Lords Proprietors.
12th. The Lords Proprietors may grant the Premises in fee simple, fee
tayle, for life or for years, to any person or persons, to be held of the Pro-
prietors,
13th. And confer any titles of honour not used in England.
14th. And to erect Forts, Castles, Cities, Towns, Fortifications, &c.
15th. To levy, muster and train men, make war, &c.
16th. And to exercise Martial Law.
17th. The Province of Carolina and its inhabitants to be subject to the
Crowii of England.
18th. The Lords Proprietors empowered to gi-ant liberty of conscience.
19th. In cases of doubts or questions, the interpretation to be most favour-
able to the Lords Proprietors.
The First
ClIAUrKK.
STATUTES AT LARGE
THE FIRST CHARTER GRANTED BY KING CHARLES THE
SECOND TO THE LORDS PROPRIETORS OF CAROLINA.
CHARLES THE SECOND, by the Grace of God, King of England,
Scotland, France and Ireland., Defender of the Faith, S^r. — To all to
whom these Presents shall come — Greeting :
1st. Whereas our right trusty, and right well beloved Cousins and Coun-
sellors, Edward, Y,-M'\ of Clarendon, our higli Chancellor of England, and
George, Duke of Albemarle, Master of our horse and Captain General
of all our Forces, our right trusty and well beloved William Lord Craven,
John Lord Berkley, our right trusty and well beloved Counsellor, Anthony
Lord Ashley, Chancellor of our Exchequer, Sir George Carteret, Knt. and
Baronet, Vice Chamberlain of our household, and our trusty and \vell be-
loved Sir WiUkwi Berhley, Knt. and Sir John Colleton, Knight arid Baronet,
being excited with a' laudable and pious zeal for the Propagation of the
Christian Faith, and the Enlargement of our Empire and Dominions, have
humbly besought leave of us by their industry and charge, to transport and
make an ample Colony of our .subjects, natives of our Kingdom of England,
and elsewhere within our Dominions, unto a certain country hereafter de-
scribed, in the parts of America not yet cultivated or planted, and only in-
habited by some barbarous people, who have no knowledge of Almighty
CJ^od.
2d. And ichcrcasthe said Edward, Earl of Clarendon, George, Duke of
Albemarle, William, Lord Craven, John, Lord Berkley, Anthony, Lord
Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton,
have humbly besought us to give, grant and confirm unto them and their heirs,
the said country, with Priviledges and Jurisdictions requisite for the good
government and safety thereof; Know ye, therefore, that we, favouring the
pious and noble purpose of the said Edward Earl of Clarendon, George
Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony
Lord Ashley, Sir George Carteret, Sir William Berkley and Sir John Col-
leton, of our special grace, certain knowledge and meer motion, have Given,
CJ ranted and Confirmed, and by this our present Charter, for us, our heirs
and succesors, do Give, Grant and Confirm unto the said Edward Earl of
Clarendon, George, Duke of Albemarie, William Lord Craven, John Lord
Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley,
and Sir John Colleton, their heirs and assigns, all that temtory or tract of
ground, scituate, lying and being within our dominions of America, extend-
ing from the North end of the Island called Lucke-Island, which lieth in the
Southern Virginia Seas, and within six and thirty degrees of the Northern
Latitude, and. to the West as far as the South Seas, and so Southerly as far
as the river St. Matthias, which bordereth upon the coast of Florida, and
within one and thirty degrees of Northern Tiatitude, and so west ina direct
line as far as the South seas aforesaid ; together with all and singular Ports,
Harbours, Bays, Rivers, Isles, and Islets laelonging to the country aforesaid;
and also all the Soil, Lands, Fields, Woods, Mountains, Fields, Lakes, Ri-
vers, Bays and Islets, scituate or being within the bounds or limits aforesaid,
wuh the fishing of all sorts of Fish, Whales, Sturgeons, and all other Royal
Fishes m the Sea, Bays, Islets and Rivers within the premises, and the Fish
therein taken ; and moreover all Veins, Mines, Quarries, as well discovered
as not discovered, of Gold, Silver, Gems, precious Stones, and all other
OP SOUTH C.'AIiOl.lNA
whatsoever, be It of Stones, Metals or any other thin;^ whatsoever, found or
to be foinid within the counti'ies, isles and limits aforesaid.
3d. And furthermore, the Patronage and Advowsons of ;dl the Churches
and Chapels, which as Christian Religion shall increase within the Country,
Isles, Islets and Limits aforesaid, shall happen hereafter to be erected, to-
gether with license and power to build and found Churches, Chapjiels and
Oratories, in convenient and fit places, within the said bounds and limits,
and to cause them to be dedicated and consecrated according to the Eccle-
siastical laws of our Kingdom of England, together with all and singular
the like, and as ample Rights, Jurisdictions, Privilcdges, Prerogatives, Roy-
alties, Liberties, Immunities and Franchises of what kind soever, within
the Countries, Isles, Islets, and Limits afoi-esaid.
4th. To have, use, exercise and enjoy, and in as ample manner as any
Bishop of Durham in our Kingdom of England, ever heretofore have held,
used or enjoyed, or of right ought or could have, use, or enjoy. And them,
the said Edward Earl of Clarendon, George, Duke of Albemarle, Williaju,
Lord Craven,John, Lord Berkley, Anthony, Lord Ashley, SirGeorge Carte-
ret, Sir AVilliam Berkley, and Sir John Colleton, their heirs and assigns.
We do by these Presents, for us, our heirs and successors, make, create and
constitute,the true and Absolute Lords Proprietors of the Countiy albresaid,
and of all other the premises ; saving always the faith, allegiance and sove-
reign dominion due to us, our heirs and successors, for the same, and saving
also the right, title, and interest of all and every our subjects of the English
nation, which are now planted within the limits and bounds aforesaid, (if anv
be). To have, hold, possess and enjoy the said Country, Isles, Islets, and all
and singular other the Premises, to them the said Edward, Earl of Claren-
don, George,DukeofAlbemarle,William, Lord Craven, John, Lord Berkley,
Anthony, Lord Ashley, Sir George Carteret, Sir William Berkley, Sir John
Colleton, their heirs and assigns forever, to be holden of us, our heirs and
successors, as of our Manner of East Greenwich in our County of Kent, in
free and common Soccage, and not in capite, or by Knight service ; yielding
and paying yearly to us, our heirs and successors, for the same, the yearly
rent of twenty marks of lawful money of England, at the feast of All-Saints,
yearly forever, the first Payment thereof to begin and to be made on the
feast of All-Saints, which shall be in the year of our Lord one thousand, six
hundred and sixty-five, and also the fourth part of all gold or silver ore,
which, within the limits aforesaid, shall from time to time happen to be
found.
oth. And that the country, thus by us gianted and described, may be dig-
nified by us with as large Titles and Priviledges as any other part of our Do-
minions and territories inthattegion. Know ye, that we of our furthergrace,
certain knowledge, and meer motion, have thought fit to erect the same
tract of ground, county, and island, into a Province, and out of the fulness
of our royal Power and Prerogative, We do, for us, our heirs and successors,
erect, incorporate and ordain the same into a Province, and call it the Pro-
vince of Cai-olina, and so from henceforth will have it called ; and forasmuch
as we have hereby made and ordained the aforesaid Ed ward, Earl of Claren-
don, George,Duke of Albemarle, William, Lord Craven, John, Lord Berkley,
Anthony, Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir
John Colleton, their heirs and assigns, the tnje Lords and Proprietors of all
the Province aforesaid ; Know ye, therefore moreover, that we, reposing
especial trust and confidence in their Fidelity, Wisdom, Justice and provi-
dent Circumspection, for us our heirs and successors, do grant full and
absolute power by virtue of these presents, to them the said Edwaid, Earl of
Clarendon, George, Duke of Albemarle, William, Lord Craven, John, Lord
STATUTES AT LARGE
IJorkk-y, Aiitlinnyjjonl Ashley, Sir George Carteret, Sir William Berkley,
and Sir .John Colleton, and their heirs, for the good and happy Government
of tli(^ said Pi'ovince, to ordain, make, enact, and under their seals to publish
any laws whatsoever, either appertaining to the publick state of the said
Province, or to the private utility of particular jiersons, according to their
best discretion, of and with the advice, assent and approbation of the Free-
men of the said Province, or of the greater part of them, or of their Dele-
gates or Deputies, whom for enacting of the said laws, when and as often as
need shall rc(iuire,^ve will that the said Edward, Earl of Clarendon, George,
Duke of Alb(!marle, William, Lord Craven,. John, Lord Berkley, Anthony,
Lord Ashley, Sir George Carteret,SirWilliam Berkley, and Sir John Colleton,
and their heirs, shall from time to time assemble in such manner and form as
to them shall seem best, and the same laws duly to execute upon all people
within the said Province and limits thereof, for the time being, or which
shall be constituted under the power and government of tliem or any of them,
either sailing towards the said Province of Carolina, or returning from
thence towards England, or any other of our, or foreign dominions, by im-
position of penalties, imprisonment, or any other punishment; yea, if it
shall be needful!, and the quality of the offence requires it, by takinor
away member and life, cither by them, the said Edward Earl of Clarendon,
George, Duke of Albemarle, William, Lord Craven, John, Lord Berkley,
Anthony, Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir
.Fohn Colleton, and their heirs, or by them or their Deputies, Lieutenants,
.Tudges, .Justices, Magistrates, Officers and Members to be ordained or
fippointed according to the tenor and ti'ue intention of these presents ; and
likewise! to appoint and establish any .fudges or Justices, Magistrates or Of-
ficers whatsoever, within the said Province, at sea or land, in such manner
and form as unto the said Edward Earl of Clarendon, George Duke of Albe-
marle, William, Lord Craven, John Lord Berkley, Anthony Lord Ashley,
Sir George Carteret, Sir William Berkley, and Sir John Colleton and their
heirs, shall seem most convenient ; also to remit, release, pardon and abolish,
(\vhether before judgment or after) all crimes and ofiences whatsoever,
against the said laws, and to do all and every other thing and things, which
unto the compleat establishment of justice unto courts, sessions, and fonns
of judicature and manners of proceedings therein do belong, although in
these presents express mention be not made thereof ; and by Judges and
by him or them delegated, to award process, hold pleas, and detei-mine in
all the said Courts, and places of Judicature, all actions, suits and causes
whatsoevex-, as well Criminal or civil, real, mixt, personal, or of any other
kind or nature whatsoever ; which laws, so as aforesaid to be published, our
pleasure is, and we do require, enjoin and command, shall be absolute, firm
and available in law, and that all the liege people of us, our heirs and suc-
cessors, within the said Province of Carolina, do observe and keep the same
inviolably in those parts, so far as they concern them, under the pains and
penalties therein expressed, or to be expressed ; provided nevertheless, that
the said laws be consonant to reason, and as near as may be conveniently,
agreeable to the laws and customs of this our Kingdom of England.
6th. And because such assemblies of freeholders cannot be so conveniently
called, as there may be occasion to require the same, we do, therefore, by
these presents, give and giant unto the said Edward, Earl of Clarendon,
George, Duke of Albemarle, William, Lord Craven, John, Lord Berkley,
Antony, Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir
John Colleton, their heirs and assigns, by themselves or their magistrates,
in thatbehalf lawfully authorized, full power and authority, from time to time
lo make and ordain fit and wholesome Orders and Ordinances, within the
OF SOUTH CAROLINA. 25
Province aforesaid, to be kept and observed as well for llio keepina; of
the peace, as for the better government of the people there abiding,
and to publish the same to all to whom it may conceni ; which ordi-
nances, we do by these presents streightly (;hai-go and command to be
inviolably observed within the said Province, under the penalties therein ex-
pressed, so as such Ordinances be reasonable, andnot repugnantor contrary,
but as near as may bo, agi-ecable to the laws and statutes of this our
Kino-dom of England, and so as the same ordinances do not extend
to tiie binding, chnrging, or taking away of the right or interest of
any person, or persons, in their freehold, goods or chattels whatsoever.
7th. And to the end, the said province may be the more happily
increased, by the multitude of peopk; resorting thither, and may likewise
be the more strongly defended from the Incursions of Salvages and other
Enemies, Pirates and Robbers, therefore we, for us, our heirs and succes-
sors, do give and grant by these Presents, Power, License and Liberty
unto all the liege peojile of us, our heirs and successors, in our Kingdom
of Encrland or elsewhere, within any other our dominions, islands, colonies
or ^plantations (excepting those who shall be especially forbidden) to
transport themselves and families unto the said Province, with convenient
shipping and fitting provisions, and there to settle themselves, dwell and
iTihabit, any law, statute, act, ordinance, or other thing to the contrary, in
any wise notwithstanding. And we will also, and of our more special grace,
for us, our heirs and successors, do streightly enjoin, ordain, constitute and
command, that the said Province of Carolina, shall be of our allegiance,
and that all and singular the subjects and liege people of us, our heirs and
successors, transported or to be transpoited into the said Province, and
the children of them and of such as shall descend from them, there born or
hereafter to be bom, be and shall be, denizens and lieges of us, our heirs
and successors, of this our Kingdom of England, and be in all things held,
treated, and reputed, as the liege faithful people of us, our heirs and
successors, born within this our said Kingdom, or any other of our-
dominions, and may inherit or otherwise purchase and receive, take, hold,
buy, and possess any lands, tenements or hereditamejits within the same
places, and them may occupy, possess and enjoy, give, sell, aliene and
bequeathe ; as likewise all liberties, franchises and privileges of this our
Kingdom of England, and of other our dominions aforesaid, and may
freely and quietly, have possess and enjoy, as our liege people born within
the same, without the least molestation, vexation, trouble or giievance,
of us, our heirs and successors, any statute, act, ordinance, or provision to
the contrary notwithstanding.
Sth. And furthermore, that our subjects of this our said Kingdom of
England, and other our Dominions, may be the rather encouraged to
undertake this expedition with ready and chearful minds ; know ye, that we
of our special grace, certain knowledge, and meer motion, do give and
gi'ant by virtue of these presents, as well to the said Edward Earl of
Clarendon, George, Duke of Albemarle, AVilliam, Lord Craven, John,
Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir William
Berkley, and Sir John Colleton, and their heirs, as unto all others as
shall from time to time repair unto the said Province, with a pvn-j30se to
inhabit there, or to trade with the natives of the said Province, full liberty
and license to lade and freight in any port whatsoever, of us, our heirs and
successors, and into the said Province of Carolina, by them, their servants
or assigns, to transport all and singular their goods, wares, and merchan-
dises, as likewise all sorts of grain whatsoever, and any other things
whatsoever, necessary for the food and clothing, not prohibited by the laws
VOL. I.— 4.
26 STATUTES AT LARGE
TiiE First gjjj statutes of our Kingdoms and Dominions, to be canied out of tlie
HARTEK. gjjj^^p^ without auy let, or molestation, of us, our heirs and successors, or of
any other of our odicers, or ministers whatsoever, saving also to us, our
heirs and successors, tlie customs and other duties and payments, due; for
the said war(>s and merchandises, according to the several rates of the
2:)laccs, from Avliom-e the same shall he transported. We will also and by
these presents, for us, our heirs and successors, do t;lve and grant license
by this our charter, unto the said Rdward l']arl of Clarendon, George,
Duke of Albemarle, AVilliara, Loril Craven, John, l./ord Berkley, Anthony,
Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John
Colleton, their heirs and assigns, and to all the inhabitants and dwellers in
the Province aforesaid, both present and to come, full power and absolute
authority, to import or unlade by themselves or their servants, factors or
assigns, all merchandises and goods whatsoever, that shall arise of the fruits
and commodities of the said Province, either by land or by sea, into any
of the ports of us, our heirs and succcussors, in our Kingdom of England,
Scotland or Ireland, or otherwise to dispose; of the said eoods, in the said
Ports; and if need be, within one year next after the unlading, to lade the
said merchandises and goods again into the same, or other ships, and to
export the same into any (jther countries, either of our Domijiions, or
foreign, being in amity with us, our heirs and successors, so as they pay
such customs, subsidies, and other duties for the same, to us, our heirs and
successors, as the rest of our subjects of this our Kinj^dom, for the time
being, shall be bound to jiay, lieyond which we will not, that the inhabitants
of the said Province of Carolina, shall be any Avays charged.
9th. Provided nevertheless, and our will and pleasure is, and we have
further for the consideration aforesaid, of our more especial grace, certain
knowledge, and meer motion, given and ajanted, and by these presents, for
us, our heirs and successors, do give and irrant unto the said E(hvard Earl
of Clarendon, George, Duke of Albemarle, William, Lord Craven, John,
Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir AA'illiam
Berkley, and Sir John Colleton, their heirs and assigns, fidl and free license,
liberty, and authority, at any time or times, from and after the feast of St.
Michael the Arch- Angel, which shall be in the year of our Lord Christ, one
thousand, six hundred, sixty and seven, as well to import, and bring into
any of our Dominions from the said Province of Carolina, or any part
thereof, the several goods and commodities, hereinafter mentioned, that is
to say, silks, wines, cuiTants, raisins, capers, wax, almonds, oyl, and olives,
without paying or answering to us, our heirs or successors, any custom,
import, or other duty, for and in respect thereof for and during the term
and space of seven years, to commence and be accompted, fro7n and after
the first importation of four tons of any the said goods, in any one bottom,
ship or vessel from the said Province, into any of our Dominions ; as also
to export and cany out of any of our Dominions, into the said Province
of Carolina, custom free, all sorts of tools which shall be usefull or necessary
for the planters there, in the accommodation and improvement of the
premises, any thing before, in these presents contained, or any law, act,
statute, prohibition, or other matter, or any thing heretofore had, made,
enacted or provided, or hereafter to be had, made, enacted or provided to
the contrary, in any wise notwithstanding.
10th. And furthermore, of our more ample and especial grace, certain
knowledge, and meer motion, we do for us, our heirs and successors, grant
unto the said Edward Earl of Clarendon, George, Duke of Albemarle,
William, Lord Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir
George Carteret, Sir William Berkley, and Sir John Colleton, their heirs
OF SOUTH CAROLINA. 27
and assigns, full anil absolute powci' and aiitliority, to make, orect and T',"^ First
constituto, within the said Province of Carolina, and the Isles and Islets
af(n-esaid, such <ind s(tniany seaports, luirliours, creeks and other places, for
discharg«; and unlitdinu' of iroods and iiii'ichaudisc^s, out ot ships, biiats, and
other vessels, ;iud for lading of them, in such and so many places, and with
such jurisdicliou. [>ii\ iiedp's and frandiises unto the suid ports belonging,
as to them sh;dl s(-em jmi.-^t c.vjiCiilcni , ;itiil tli.ii ;ill ;md siniruhu' the ships,
boats anil otlicr vessels, which shall cmiu' foi' luerciiandlses and trade into
the said l'rovln<-c. or shall depart <>ut of the same, shall be laden and
ludaden at such ])orts only, as shall be erected and constituted by the said
Edward Ivarl of Clarendon, Gi-orgc, .Duke of ^Vlbcmaile, VVilliam, Lord
Craven, .John, Lord ocrkley, Anthony, Lord Ashley, Sir Georirc Cartei'et,
Sir William JJerkh^y, and Sir John Colleton, their heirs and assigns, and
not elsewhere, any use, custom or any other thing to the contrary, in any
wise notwithstanding.
11th. And we do furthermore will, ajipoint and ordain , and by these presents
for us, our heirs and successors, do grant txnto the said Edward Earl of
Clarendon, Ceorge, Duke of Albemarle, William, Lord Craven, John,
Lord Jjerkley, Anthony, Lord Ashley, Sir George Carteret, Sir William
Berkley, and Sir .John Colleton, their heirs and assigns, that they the said
Edward Earl of Clarendon, George, Duke of Albemarle, William, Lord
Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret,
Sir William Berkley, and Sir John Colleton, their heirs and assigns, may
from time to time for ever, have and enjoy, the customs and subsidies in the
ports, harbors, creeks and other places within the Province aforesaid,
payable for goods, i.iierchandise and wares, there laded or to be laded, or
unladed, the said customs to be reasonably assessed, upon any occasion, by
themselves, and by and with the consent of the free people there, or the
gi'eater part of them as aforesaid ; to whom we give power by these
presents, for us, our heirs and successors, upon just cause and in a due
proportion, to assess and impose the same.
12th. And further, of our special gi'ace, certain knowledge, and meer
motion, ^ve have given, granted and confirmed, and by these presents, for
us, our heirs and successors, do give, grant and confirm unto the said Edward
Eail of Clarendon, George, Duke of Albemarle, William, Lord Craven,
John, Lord Btjvkley, Anthony, Lord Ashley, Sir George Carteret, Sir
William Berkley, and Sir .John Colleton, their heirs and assigns, full and
absolute license, power and authority, that the said Edward Earl of Claren-
don,George,Duke of Albemarle, William, Lord Craven,John, Lord Berkley,
Anthony, Lord Ashley, Sir George Carteret, Sir William Bei"kley,Sir John
Colleton, their heirs and assigns, from time to time, hereafter for ever, at
his and their will and pleasure, may assign, alien, grant, demise or enfeof
the premises, or any part or parcels thereof, to him or them that shall be
willing to purchase the same, and to such person or persons as they shall
think fit, to have and to hold, to them the said person or persons, their heirs
or assigns, in fee simple or fee tayle, or for term for life, or lives, or years,
to be held of them the said Edward Earl of Clarendon, George, Duke of
Albemarle, William, Lord Craven, John, Lord Berkley, Anthony, Lord
Ashley, Sir (leorge Carteret, Sir William Berkley, and Sir John Colleton,
their heirs and assigns, liy such rents, seiTices, and customs, as shall seem
meet to the said Edward Earl of Clarendon, George, Duke of Albemarle,
William, Lord Craven, .Tohn, Lord Berkley, Anthony, Lord Ashley, Sir
George Carteret, Sir William Bei'kley, and Sir John Colleton, their heir.s
and assigns, and not immediately of us, our heirs and successors, and to
the same person and persons, and to all and every of them, we do give and
28 STATU^J'ES AT LARGE
Tin; First o-rant by these jircscnts, for lis, our heirs and successors, license, authority
(^iiARTKR. ^^^^ power, that such person or persons, may have or take the premises, or
any ])arcel thereof, of t lie; said Edward Earl of Clarendon, George, Duke of
Albemarle, William, Lord Craven, John, Lord Berkley, Anthony, Lord
Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton,
their heirs and assigns, and the same to hold, to themselves, their heirs or
assigns, in what estate of inheritance whatsoever, in fee simple, or fee tayle,
or otherwise, as to them and the said Edward Earl of Clarendon, George,
Duke of Albemarle, William, Lord Craven, John, Lord Berkley, Anthony,
Loid Ashley, Sir George Carteret, Sir William Berkley, and Sir John
Colleton, their heirs and assigns, shall seem expedient; the statute made
in the Parliament of Edward, son of King Henry, heretofore King of
Kn'>-land, our predecessor, commonly called the statute * of " qitia cmptores
Icrranim ;^^ or any other statute, act, ordinance, use, law, custom or any
other matter, cause or thing, heretofore published, or provided to the
contrary, in any wise notwithstanding.
13th. And because many persons born, or inhabiting in the said Province,
for their deserts and sei-vices, may expect and be capable of marks of
honour and favour, which, in respect of the great distance, cannot be con-
veniently conferred by us ; our will and pleasure therefore is, and we do
by these presents, give and grant unto the said Edward Earl of Clarendon,
George, Duke cf Albemarle, William, Lord Craven, John, Lord Berkley,
Anthony, Lord Ashley, Sir George Carteret, Sir William Berkley, and
Sir John Colleton, their heirs and assigns, full power and authority, to
give and confer, unto and upon, such of the inhabitants of the said Province,
as they shall think do, or shall merit the same, such marks of favfnir and
titles of honour as they shall think fit, so as these titles of honour be not
the same as are enjoyed by, or conferred upon any the subjects of this our
Kingdom of England.
14th. And further also, we do by these presents, for us, our heirs and
successors, give and grant license to them, the said Edward, Earl of Cla-
rendon, Geoi'ge, Duke of Albemarle, William, Lord Craven, John, Lord
Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir William Berkley
and Sir John Colleton, their heirs and assigns, full power, liberty and license
to erect, raise and build within the said Province and jalaces aforesaid, or
any part or parts thereof, such and so many forts, fortresses, castles, cities,
buroughs, towns, villages and other fortifications whatsoever, and the same
or any of them to fortify and furnish with ordinance, powder, shot, armory,
and all other weapons, ammunition, habilements of war, both offensive and
defensive, as shall be thought lit and convenient for the safety and welfare
of the said Province and places, or any part thereof, and the same, or any of
them from time to time, as occasion shall require, to dismantle, disfurnish,
d(nnolish and pull down, and also to place, constitute and appoint in and
over all or any of the said castles, forts, fortifications, cities, towns and places
aforesaid, governors, deputy governors, magistrates, sheriffs and other offi-
cers, civil and military, as to them shall seem meet, and to the said cities,
buroughs, towns, villages, or any other place, or places, within the said
Province, to gi-ant "letters or charters of incorporation," with all liberties,
franchises and privilcdges, requisite and usefull, or to or within any corpora-
tions, within this our Kingdom of England, granted or belonging ; and in
the same cities, buroughs, towns and other places, to constitute, erect and
appoint such, and so many markets, marts and fairs, as shall in that behalf
be thought fit and necessary ; and further also to erect and make in the
Province aforesaid, or any part thereof, so many manners, as to them shall
* 18 Ed. 1. West. 3 ch. 1 p. 55.
OF .SOUTH CAROIVINA. 29
soom meet and convoiiient, and hi ovciy of the said maniiovs to have and to
hold a Court Baioii, witli all thhii^^s whatsoever vvliich to a C'oiirt J5arou do
belcjiig, and to have and to liold vi(^ws oF "fi-ank pledire" and " court leet,"
lor the conservation of the peace and better govei-unicnt of those parts,
within such limits, jurisdictions and ]necincts, as hy the said l^dward, Karl
of Clarendon, Oeor<,re, Duke of Albemarle, William, Lord Craven, .lohn,
Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir William
Berkley, and Sir John Colleton, or their heirs, shall be appointed for that
purj)ose, with all things whatsoever, which to a court leet, or view of frank
pledge do belong, tlu; said court to be holden by stewards, to be deputed and
authorized by the said Edward, Earl of Clarendon, Ceorge, Duke of Albe-
marle, William, Lord ('raven, John, Lord Berkley, Anthony,.Lord Ashley,
Sir George Carteret, Sir William Berkley, and Sii- John Colleton, or their
heirs, or by the Lords of other mannors and leets, for the time being, when
the same shall be erected.
15th. And because that in so remote a country, and scituate among so
many barbarous nations, and the invasions as well of salvages as of other
enemies, pirates and robbers, may prolmbly be feared ; therefore we have
given, and for us, our heirs and successors, do give power, by these presents,
unto the said Edward, Earl of Clarendon, George, Duke of Albemarle,
William, Lord Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir
George Carteret, Sir William Berkley, and Sir John Colleton, their heirs
and Assigns, by themselves, or their captains, or other their officers, to levy,
muster and Irain all sorts of men, of what condition or wheresoever bom, in
the said Province for the tiine being, and to make war and pursue the ene-
mies aforesaid, as well by sea as by land, yea, even without the limits of the
said Province, and by G od's assistance to vanquish and take them, and being
taken to put them to death by the law of war, or to save them at their plea-
sure ; and to do all and every other thing, which unto the charge of a captain
general of an army bclongeth, or hath accustomed to belong, as fully and
freely as any captain-general of an army hath or ever had the same.
16th. Also our will and pleasure is, and by this our charter we give unto
the saidEdward, Earl of Clarendon, George, Dukeof Albemarle, William,
Lord Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George
Carteret, Sir William Berkley and Sir John Colleton, their heirs and assigns,
full j)ower, liberty and authority, in case of rebellion, tumult or sedition, (if
any shovdd happen) which God forbid, either upon the land within the Pro-
vince aforesaid, or upon the main sea, in making a voyage thither, or return-
ing from thence, by him or themselves, their captains, deputies and officers,
to be authorized imder his or their seals for that purpose, to whom also, for
us, our heirs and successors, we do give and gi'ant by these presents, full
power and authority to exercise martial law against mutinous and seditious
persons of those parts, such as shall refuse to submit themselves to their
government, or shall refuse to serve in the wars, or shall fly to the enemy, or
forsake their colours or ensigns, or be loyterers or straglers, or otherwise
howsoever offending against law, custom or discipline military, as freely and
in as ample manner and form as any captain general of an anny, by vertue
of his office, might or hath accustomed to use the same.
17th. And our further pleasure is, and by these presents, for us our heirs
and successors, we do grant unto the said Edward,Earl of Clarendon, George,
Duke of Albemarle, William, Lord Craven, John, Lord Berkley, Anthony,
LordAshley,Sir George Carteret,SirWilliam Berkley, and Sir John Colleton,
their heirs and assigns, and to all the tenants and inhabitants of the said
Province of Carolina, both present and to come, and to every of them, that
the said Province and the tenants and inhabitants thereof, shall not from
]0 STATUTES AT LAR(JE
Tiir: First licnccforth be held or reputed a member or part of any colony whatsoever in
HARTER. ^\^,^ei-ica, or elsewhere, now transported or made, or hereafter to be trans-
jiorted or made ; nor shall be depending on, or subject to their government
in any tiling, but lie absolutely separated and divided from the same ; and
our pleasure is, by these presents, that they be separated, and that they be
subject ininiedi;itely to our cro'^ni of England, as depending thereof forever;
and that the inhiibilants of the said Pru^'ince, nor any of them, shall at any
time hereafter, bn compelled or compellable, or benny ways subject or liable
to appear or nns\> cr to any matter, suit, cause, or plaint whatsoever, out of
the Province aforesaid, in tmy other of o:u' islands, colonies, or dominions in
America, or elsewhere, other than in our realm of England, and dominion
of A\^ales.
ISth. And because it may happen that some of the people and inhabitants
of the said Province, cannot in their private opinions, conform to the publick
exercise of religion, according to the liturgy form and ceremonies of the
Church of England, or take and s-abscribe the oaths and articles, made and
established in that behalf, and for that the same, by reason of the remote dis
tances of these places, will, we hope, be no breach of the unity and unifoiTn-
ity established in this nation ; our will and pleasure therefore is, and we do
by these jjresents, for us, our heirs and successors, gi'se and grant unto the
said Edward, Earl of Clarendon, George, Duke of Albemarle, William,
Lord Craven, John, Lord Bei'kley, Anthony, Lord Ashley, Sir George Carte-
ret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, full
and free license, liberty and authority, by such legal ways and means as they
.shall thiidv fit, to give and grant unto such person or persons, inhabiting and
being within the said Province, or any part thereof, who really in their judg-
ments, and for conscience sake, cannot or shall not conform to the said litur-
gy and ceremonies, and take and subscribe the oaths and articles aforesaid,
or any of them, such indulgencies and dispensations in that behalf, for and
during such time and times, and with such limitations and I'cstrictions as they,
the said Edward, Earl of Clarendon, George, Duke of Albemarle, William,
Lord Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George
Carteret, Sir William Berkley, and Sir John Colleton, their heirs
or assigns, shall in their discretion think fit and reasonable ; and with this
express proviso, and limitation also, that such person and persons, to whom
such indulgences and dispensations shall be granted as aforesaid, do and shall,
from time to time declare and continue, all fidelity, loyalty and obedience Lo
us, our heirs and successors, and be subject and obedient to all other the
laws, ordinances, and constitutions of the said Province, in all matters what-
soever, as well ecclesiastical as civil, and do not in any wise disturb the
peace and safety thereof, or scandalize or reproach the said liturgy, fonns,
and ceremonies, or any thing T-elating thereunto, or any person or persons
whatsoever, for or in respect of his or their use or exercise thereof, or his or
their obedience and confonnity, thereunto.
19th. And in case it shall happen, that any doubts or questions should arise,
concerning the true sense and understanding of any word, clause, or sentence
contained in this our present chaiter, we will, ordain and command, that at
all times, and in all things, such interpretation be made thereof, and allowed
in all and every of our courts whatsoever, as lawfully may be adjudged most
advantageous and favourable toihe said Edward, Earl of Clarendon, George,
Duke of Albemarle, William, Lord Craven, John, Lord Berkley, Anthony,
Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Col-
leton, their heirs and assigns, although express mention be not made in these
presents, of the true yearly value and certainty of the premises, or any part
thereof, or of any other gifts and grants made by us, our ancestors, or pre-
OF SOUTH CAROLINA.
deccssors.to thcni llui said Edward Earl of ('larcndoii, tJoorgc, J)uko of Tm: Kk(omj
Albomarlo, William, Lord Cnivon, Jolm, Ivord Berkley, Anthony, Jjord , ^^ ^^ ',
Ashley, Sir (Seor^e Carleix-t, Sir \Villi;iiii Ucrklcy, and Sir .lolin Colleton,
or any otlier ])erson o'- persons \vhatsoe\er, or any statute!, act, onliiiiuire,
pro^ision, ])j'oclani;ition or rf>straint, lierctofore had, niiide, [)ul)lishe(l, or-
dained or proviih'd, or any other thlni;', cMnse or matter, Avhatsoever, to the
contrary thereof, hi any A\is(Mi<»t,\\ilhstaii(lin<^. In Wti'ivkks, &c.
W////rss, /!/(' KING, at Wcftt/iiin-slc), the four ami iH-cnticlh day af
March, in the Jlftcoith year (if our rcii;ti, (^1(3(33 J
PER IPSUM RECEM.'
CONTENTS OF THE SECOND CHARTER OF CAROLINA, 1665.
His Majesty King Charles the Second,
Section 1st. ]leciting a former Charter, and the Pioprietors for all that
territory called Carolina,
2d. ]']nlar2;<!s the grant to the said Proprietors,
3d. With Patronage, Jurisdictions, Priviledges, Prerogatives, ttc.
4th. Tlie tract of cuuntry herf;hy grajited to he annexed to Carolina.
The Lords Proprietors empowered to constitute Counties, Baronies
and (^olonies, and to enact laws and constitutions, to appoint
Courts, .ludeos, .Instices, &c:
5th. To make Ordei-s and ( )rfllnances.
6th. Licence to the King's snhjectsto transport themselves thither,
7tli. The said Province to he of the Jving's allegiance.
Sth. Licence granted to freight in every port for transport thither, goods,
Avares and merchandizes, savingto the King his customs and duties.
9th. Sizndry goods to he im])orted and exported free of duty.
10th. Ports an<l Harhours to he constituted.
11th. The subsidies to htdong to the Lords Proprietors.
12th. The Lords Proprietors may grant and assign. the premises, or any
part thereof, to purchasers.
13th. Empowered to confer titles of honour not in use in England.
14th. To erect Forts, Castles, Cities, Towns and Fortifications.
15th. With power to ^umster and train men for war.
16th. To exercise Martial Law.
17th. The I'rovince of Carolina to be subject immediately to the croAvn
of Enghmd.
18th. The Lords. Proprietors empowered to grant liberty of Conscience.
19th. In cases of doubt the interpretation to be most favourable to the
Pi'oprietors.
THE SECOND CHARTER GRANTED BY KING CHARLES THE
SECOND, TO THE LORDS PROPRIETORS OF CAROLINA.
CHARLES THE SECOND, hy the Grace of God, King of England,
Scotland, Ireland, Fra?ice, Diferulcr of the FaitJi, ^r.
1st. Whkreas by our letters patent, bearing date the four and twentieth
day of March, in the fifteenth year of our reign, we were gi-aciously pleased
to grant unto our right trusty and right well beloved cousin and Counsellor,
32 STATUTES AT l.ARCJE
TiiK Si;(!o.\D Edivard, Earl (if Clnrciuloii, our liigli Cliaiiccllor of England, our right
iiAKTf.it. {^.„j.f^y .,jj,| nirlit intirely l)elove(l cousin anil Counsellor, George, Duke of
Albemarle, Master of our horse, our right trusty and well-heloved William,
now Earl of Craven, our right trusty and well beloved Counsellor, John,
Lord Berkley, our right trusty and well beloved Counsellor, Anthony,
Lord Ashley, Chancellor of our Exchequer, our right trusty and well be-
loved Counsellor, Sir George Carteret, Knight and Baronet, Vice-Chamber-
lain of our household, our right trusty and well beloved Sir John Colleton,
Knight and Baronet, and Sir William BerJdej/, Knight, all that Province,
ten-itoi-y, or tract of groimd, called Carolina, scituate, lying and being within
our dominions of America, extending from the north-end of the island called
Luke-island, which lieth in the Southern Virginia Seas, and within six and
thirty degrees of the Northern! latitude, and to the west as far as the South
Seas, and so respectively, as far as the river of Mathias, which bordereth
upon the coast of Florida, and within one and thirty degrees of the Northern
latitude, and so west in a direct line, as far as the South-seas aforesaid.
2d. Now know ye, that we, at the humble request of the said grantees, in
the aforesaid letters patent named, and as a further mark of our especial
favour towards them, we are gi'aciously pleased to enlarge our said grant
unto them, according to the bounds and limits hereafter specified, and in
favour to the pious and noble pui'pose of the said Edward, Earl of Claren-
don, George, Duke of Albemarle, William, Earl of Craven, John, Lord
Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir John Colleton,
and Sir William Berkley, their heirs and assigns, all that Province, teiTito-
ry, or tract of ground, scituate, lying and being within our dominions of
America aforesaid, extending north and eastward as far as the north end of
Charahake river or gulet, upon a streight westerley line to Wyonoake
Creek, which lies within or about the degrees of thirty-six, and thirty min-
utes northern latitude, and so west in a direct line as far as the South-seas;
and South and Westward as far as the degrees of twenty-nine inclusive
northern latitude, and so west in a direct line, as far as the South vSeas ;
together with all and singular ports, harbours, bays, rivers, and islets, be-
longing unto the Province or territory aforesaid, and also all the soil, lands,
fields, woods, mountains, ferms, lakes, rivers, bays and islets, scituate or
being within the bounds or limits last before mentioned; with the fishing
of all sorts of fish, whales, sturgeons, and all other royal fishes, in the sea,
bays, islets and rivers, within the premises, and the fish therein taken,
together with the royalty of the sea, upon the coasts within the limits
aforesaid. And moreover all veins, mines, quanies, as well discovered as
not discovered, of gold, silver, gems, and precious stones, and all other
whatsoever, be it of stones, metall, or any other thing found or to be found
wdthin the Province, tenitory, islets and limits aforesaid.
3d. And furthermore, the patronage and advowsons, of all the churches
and chappels, which as the Christian religion shall increase within the
Province, territory, islets and limits aforesaid, shall happen hereafter to be
erected ; together with licence and power to build and found churches,
chappels, and oratories in convenient and fit places, within the said bounds
and limits, and to cause them to be dedicated and consecrated, according to
the Ecclesiastical laws of our kingdom of England, together with all and
singular the like, and as ample rights, jurisdictions, priviledges, preroga-
tives, royalties, liberties, immunities and franchises, of what kind soever-,
within the territory, isles, islets, and limits aforesaid ; to have, hold, use,
exercise, and enjoy the same as amply, fully, and in as ample manner, as
any Bishop of Durham in our Kingdom of England, ever heretofore had,
'^eld, used or enjoyed, or of right ought or could have, use, or enjoy ; and
OP SOUTH CAROLINA. 33
them, the said Edward, Earl of (Jlareiidon, George, Duke of Albemarle, 'T'"^ Second
William, Lord Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir "a'^i^h
George Carteret, Sir John Colleton,' and Sir William Berkley, their heirs
and assigns ; we do by these ]nc;sents, for us, our heirs and successors, make,
create and constitute, the trueaiid Absolute Lords and Proprietors of the said
Province or Territory, and of all other the premises ; saving always the
faith, allegiance and sovertMgn dominion due to us, our lieir-s and successors,
for the same ; To Inive, hold, possess and enjoy the said I'rovincc!, teiritory,
Isles, Islets, and all andsingularother thePrcmises,tothemtliesaid Edward,
Earl of Clarendon, George, I)id<eof Albemarle, William, Lord Craven, John,
Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir John Colle-
ton and Sir William Berkley, their heirs and assigns forever, to beholden
of us, our heirs and successors, as of our Mannor of East Greenwich in
Kent, in free and common Soccage, and not in capite, or by Knight service ;
yielding and paying yearly to us, our heirs and successors, for the same, the
fourth part of all gold and silver ore, which, within the limits liereby granted,
shall from time to time happen to be found, over and besides the yearly
rent of twenty marks, and the fourth part of the gold and silver ore, in and
by the said recited letters ]")atents, reserved and payable.
4th. And that the Province or territory herel)y granted and described,
may be dignified with as large Titles and Priviledges as any other parts of our
Dominions and teriitories in that region. Know ye, that w'o of our further
grace, certain knowledge, and meer motion, have thought fit to annex the
same tract of ground and territory, unto the same Province of Carolina ;
and out of the fullness of our royal power and prerogative, we do for us,
our heirs and successors, annex and unite the same to the said Province of
Carolina. And forasmuch as we have made and ordainetl the aforesaid
Edward, Earl of Chu'endoii, Geoi-ge, Duke of Albemarle, William, Lord
Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret,
Sir John Colleton and Sir William Berkley, their heirs and assigns, the time
Lords and Proprietors of all the Province or tenitoiy aforesaid ; Know ye,
therefore, moreover, that we, reposing especial trust and confidence in their
Fidelity, Wisdom, Justice and provident Circumspection, for us our heirs
and successors, do grant full and absolute power by virtue of these presents,
to them the said Edward, Earl of Clarendon, George, Duke of Albemarle,
AVilliam, Lord Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir
George Carteret, Sir John Colleton and Sir William Berkley, and their
heii's and assigns, for the good and happy Government of the said whole
Province or teiTitory, full power and authority to erect, constitute, and
make several counties, baronies and colonies, of and wdthin the said Pro-
vinces, territoiics,lands and hereditaments, in and by the said recited letters
patents, and these presents, granted or mentioned to be granted, as afore-
said, with several and distinct jimsdictions, powers, liberties and priviledges;
and also, to ordain, make and enact, and under their seals to publish any laws
and constitutions whatsoever, either appertaining to the pul)lick state of
the said whole Province or territory, or of any distinct or particulai county,
barony, or colony of, or within the same, or to the private utility of particular
persons, according to their best discretion, by, and with the advice, assent
and approbation of the Freemen of the said Province or territory, or of the
Freemen of the county, barony, or colony, for which such law or constitution
shall be made, or the greater part of them, or of their Delegates or Depu-
ties, whom for enacting of the said laws, when and as often as need shall re-
quire, we will that the said Edward, Earl of Clarendon, George, Duke of
Albemarle, William, Lord Craven, John, Lord Berkley, Anthony, Lord
Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkley,
VOL. L— 5.
34 STATUTES AT LARGE
The Second and their licii'H and assigns, shall from timo to time assemble, in such manner
iiARTEK. ^j^^i j-^^yy^ .jj^ jy them shall seem best, and the same laws duly to execute upon
all people witiiin the said Pi'ovince or territory, county, barony or colony,
and the limits thereof, for the time being, which shall be constituted under
the power and government of them, or any of them, either sailing towards the
said Province or temtory of Carolina, or returning from thence towards
England, or any other of our, or foreign dominions, by imposition of penal-
ties, imprisonment, or any other punishment ; yea, if it be needfull, and the
quality of the ofl'ence require it, by taking away member and life, either by
them, the said Edward Earl of Clarendon, Cxeorge, Duke of Albemarle,
William, Lord Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir
George Carteret, Sir John Colleton, and Sir William Berkley, and their
heirs, or by them or their Deputies, Lieutenants, Judges, Justices, Magis-
trates, Officers or Ministers, to be ordained and ap])ointed according to the
true tenour and intention of these presents ; and likewise to erect or make
any court, or courts whatsoever,'of judicature or otherwise, as shall be requi-
site ; and to appoint and establish any Judges or Justices, Magistrates or
Officers whatsoever, as well within the said Province as at sea, in such man-
ner and ibrm as unto the said Edward Earl of Clarendon, George, Duke of
Albemarle, William, Lord Craven, John, Lord Berkley, Anthony, Lord Ashley,
Sir George Carteret, Sir John Colleton and Sir William Berkley, and their
heirs, shall seem most convenient ; also to remit, release, pardon and abolish,
(either before judgment or after) all crimes and offences whatsoever,
against the said laws, and to do all and every other thing and things, which
unto the compleat establishment of justice unto courts, sessions, and fonns
of judicature and manners of proceedings therein do belong, althr^ugh in
these presents express mention is not made thereof ; and by Judges
by him or them delegated, to award jirocess, hold pleas, and determine in
all the said Courts, and places of Judicature, all actions, suits and causes
whatsoever, as well Criminal as civil, real, mixt, personal, or of any other
kind or nature whatsoever ; which laws, so as aforesaid to be published, our
pleasure is, and we do enjoin, require and command, shall be absolutely firm
and available in law, and that all the liege people of us, our heirs and suc-
cessors, within the said Province or territory, do observe and keep the same
inviolably in those parts, so far as they concern them, under the pains and
penalties therein expressed, or to be expressed ; provided nevertheless, that
the said laws be consonant to reason, and as near as may be conveniently,
agreeable to the laws and customs of this our realm of England.
5th. And because such assemblies of freeholders cannot be so suddenly
called, as there may be occasion to require the same, we do, therefore, by
these presents, give and gi-ant unto the said Edward, Earl of Clarendon,
George, Duke of Albemarle, William, Lord Craven, .John, Lord Berkley,
Anthony, Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir
John Colleton, their heirs and assigns, by themselves or their magistrates,
in thatbehalf lawfully authorized, full power and authority, from time to time
to make and oi'dain fit and wholesome Orders and Ordinances, within the
Province or territory aforesaid, or any county, barony, oi pi-ovince, of or
within the same, to be kept and observed as well for the keeping of the
peace as for the better government of the people there abiding, as to publish
the same to all, to whom it may concern ; which ordinances we do by these
presents, streightly charge and command to be inviolably observed, within
the same Province, counties, teiTitories, bai-onies and provinces, imder the
penalties therein expressed, so as such ordinances be reasonable, and not
repugnant or contrary, but as near as may be, agreeable to the laws and
statutes of this our kingdom of England, and so as the same ordinances do
OF SOTTTTT CAROLINA. 35
not extend to tlie ])in(linq-, cliai-jriiio or taking away of the ri^lit or interest, The Second
nl" any person or persons in their i'rc^eliold, goods, oi" chattels wlmtsoever.
Gth. And to iho vm\, tlie said Province or territory mayhetlie morehap-
j)ily encreased, Ijy tlie mnltitude of people resorting thither, and may like-
wise be more strongly dcfcnidcd from the incursions of salvages and other
enemies, pirates and robbers : therefore we for us, our heirs, and succes-
sors, do give and grant by these presents, power, license, and liberty unto
all the liege people of us our heirs and successors, in our Kingdom of Eng-
land, or elsewhere, within any other our dominions, islands, colonies and
plantations, (excepting those who shall be especially forbidden) to transport
themselves and families, into tlic said province, or tcnitory, with convenient
shipping and fitting provisions, and there to settle themselves, dwell and
inhabit, any law, act, statute, ordinance, or other thing, to the contrary, in
any wise notwithstanding.
Vth. And we will also, and of otu- special ,gi-ace, for us our lieirs and
successors, do strcightly enjoin, ordain, constitute, and command, that the
said Province or tenitory, shall be of our allegiance, and that all and
singular, the subjects and liege people of us, our heirs and successors,
transported or to be transported into the said Province, and the children
of them, and such as shall descend from them, there bom or hereafter to
be born, be, and shall be denizens and lieges of us, our heirs and succes-
sors of this our Kingdom of England, and be in all things, held, treated,
and reputed as the liege faithfull people of us, our heirs and successors,
born within this our said Kingdom, or any other of our Dominions, and
may inherit, or otherwise purchase and receive, take, liold, buy and possess
any lands, tenements, or liereditaments, within the said places, and them
may occupy and enjoy, sell, alien, and bequeathe; as likewise all liberties,
franchises, and ])riveledges of this our Kingdom, and of other our domini-
ons, aforesaid, may freely, and quietly, have, possess, and enjoy, as our
liege people born within the same, without the molestation, vexation, trouble
or grievance of us, our heirs and successors, any act, statute, 'ordinance,
or provision to the contrary, notwithstanding.
Sth. And furthenuore, that our subjects of this our said Kingdom of Eng-
land, and other our Dominions, may be rather encouraged to undertake this
expedition, with ready and chearfnl minds ; know ye, that we of our
especial gi-ace, certain knowledge and meer motion, do give and gi'ant, by
vertue of these presents, as well to the said Edward Earl of Clarendon,
Cleorge, Duke of Albemarle, William, Earl of Craven, John, Lord Berkley,
Anthony, Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir
William Berkley, and their heirs, as unto all othei's as shall from time to
time, repair unto the said Province or territory, with a })urpose to inhabit
there, or to trade with the natives thereof, full liberty and license, to trade,
and freight, in every port whatsoever, of its, our heirs and successors, and
into the said Province of Carolina, by them, their servants and assigns, to
I ransport all and singular, their goods, wares, and merchandises, aslikwise
all sorts of grain whatsoever, and any other thing whatsoever, necessary
for their food and clothing, not prohibited by the laws and statutes of our
Kingdom and Dominions, to be can'ied out of the same, Avithout any lett,
or molestation, of us, our heirs and successors, or of any other our officers
or ministers whatsoever, saviiig also to us, oiu' heirs and successors, the
customs and other duties and payments, due for the said wares and mer-
chandises, according to the several rates of the places, from whence the
same shall be transported.
9th. We will also, and by these presents, for us, our heirs and successors
do give and grant license by this our charter unto the said Edward, Earl o
36 STATUTES AT LARGE
The Second Clarendon, George, Duke of Albemarle, William, Earl of Craven, John, Lord
( iiRTER. 23prkley, Antliony, Lord Ashley, Sir George Carteret, Sir John Colleton,
and Sir William Berkley, their heirs and assigns, and to all the inhabitants,
and dwellers, in the Province or territory aforesaid, both present and to
come, full ])ovver and absolute authority to import or unlade, by themselves
or their servants, factors or assigns, all merchandizes, and goods whatsoever,
that shall arise of the fruits and commodities of the said Province or
territory, either by land or sea, into any the ports, of us, our heirs and
successors, in our Kingdom of England, Scotland, or Ireland, or otherwise
to dispose of the said goods, in the said ports; and if need be, within one
year next after the unlading, to lade the said merchandizes, and goods again,
into the same, or other ships, and to export the same into any other countries,
either of our Domininious or foreign, being in amity with us, our heirs and
successors, so as they pay such customs, subsidies and other duties for the
same, to us, our heirs and successors, as the rest of our subjects of this our
Kinsdom, for the time being, shall be bound to jiay, beyond which we will
not that the inhabitants of the said Province, or territoiy, shall be any way
charged. Provided nevertheless, and our will and pleasure is, and we have
further, for the considerations aforesaid, of our sjiecial gi'ace, certain
knowledge, and meer motion, given and granted, and by these j^resents,
for us our heirs and successors, do give and grant unto the said Edward
Earl of Clarendon, George, Duke of Albemarle, William, Earl of Craven,
John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir John
Colleton, and Sir William Berkley, their heirs and assigns, full and free
license, liberty, power, and authority, at any time or times, from and after
the feast of St. Michael the Arch Angel, which shall be in the year of our
Lord Christ one thousand, six hundred, sixty and seven, as well to import
and bring into any our Dominions, from the said Province of Carolina, or
any part thereof, the several goods and commodities, hereinafter mentioned;
that is to say, silk, wines, currans, raisins, capers, w^ax, almonds, oyl, and
olives, without paying or answering to us, our heirs and successors, any
custom, import or other duty, for, or in respect thereof, for and during the
time and space of seven years, to commence and be accompted, from and
after the first importation of four tons of any the said goods, in any one
Bottom, Ship or Vessel, from the said Province or territory, into any of our
Dominions; as also to export and carry out of any of our dominions, into the
said Province or teiritory, custom free, all sorts of tools, which shall be
usefull and necessary for the planters there, in the accommodation and
improvement of the premises, any thing before, in these presents contained,
or any law, act, statute, prohibition, or other matter or thing heretofore had,
made, enacted, or provided, or hereafter to be had, made, enacted or
provided, in any Avise notwithstanding.
10th. And furthermore, of our more ample and especial grace, certain know-
ledge, and meer motion, we do for us, our heii's and successors, grant unto
the said Edward Earl of Clarendon, George, Duke of Albemarle, William,
Earl of Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George
Carteret, Sir John Colleton, and Sir William Berkley, their heirs and
assigns, full and absolute powder and authority, to make, erect and constitute,
within the said Province or territory, and the isles and islets, aforesaid, such
and so many seaports, harbours, creeks, and other places for discharge and
unlading of goods and mejxhandizes, out of ships, boats and other vessels,
and for lading of them in such and so many places, and with such jurisdictions,
priveledges, and franchises unto the said ports belonging, as to them shall
seem most expedient; and that all and singular the ships, boats and other
\^essels which shall come for merchandizes, and trade into the said Province
OF SOTTTH CAROLINA. 37
or territory, or shall dopart out of the same, shall be laden and imlndcn at Tirs Second
such ])orts only, as shall be ercetcid and conslitutrHl by tin; said Edward
Earl of Clarenclon, (l(!org(!, Duke of Albemarle, VV^illiam, Lord Craven,
John, Lord J3crklcy, Anthony, J^ord Ashley, Sir George (Carteret, Sir John
Colleton, and Sir William Berkley, their heirs and assigns, and not else-
where, any use, custom or any thing to the contraiy, in any wise
notwithstanding.
lltli. And we do furthermore, will, ap])oint, and ordain, and by these
presents, for us, our heirs and successors, do grant unto the said Edward
Earl of Clarendon, George, Duke of Al])emarle, William, Earl of Craven,
.John, Loid Berkley, Anthony, Lord Ashley, Sir (reoige Carteret, Sir
John Colleton, and Sir William Berkley, their heirs and assigns, that they
the said Edward Earl of Clarendon, George, Duke of Albemarle, William,
Earl of Craven, .Tohn, Lord Jierkley, Anthony, Lord Ashley, Sir George
Carteret, Sir John Colleton, and Sir William Berkley, their heirs and
assigns, may from time to time forever, have and enjoy the customs, and
subsidies in the ports, harbors, creeks, and other places within the Province
aforesaid, payable for the goods, merchandizes, and wares, there laded, oi
to be laded or unladed, the said customs to be reasonably assessed upon
any occasion, by themselves, and by and with the consent of the free
peojile, or the gi'eater part of them as aforesaid, to whom we give power
by these presents, for us, our heirs and successors, upon just cause, and in
a due proportion, to assess and impose the same,
12th. And further of our special grace, certain knowledge, and meer
motion, we have given, granted, and confirmed, and by these presents, for
us, our heirs and successors, do give, grant and confimi unto the said Edward
Earl of Clarendon, George, Duke of Albemarle, William, Earl of Craven,
John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir
John Colleton, and Sir William Berkley, their heirs and assigns, full and
absolute power,license and authority, that the said Edward Earl of Clarendon,
George, Duke of Albemarle, William, Earl of Craven, John, Lord Berkley,
Anthony, Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir
William Berkley, their heirs and assigns, from time to time, hereafter forever,
at his or their will and pleasure, may assign, alien, grant, demise, or enfeoff
the premises, or any part or parcel thereof, to him or them that shall be
willing to purchase the same, and to such person or persons, as they shall
think fit, to have and to hold, to them the said person or persons, their heirs
and assigns, in fee simple, or in fee tayle, or for the tenn of life, or lives,
or years, to be held of them the said Edward Earl of Clarendon, George
Duke of Albemarle, William, Earl of Craven, John, Lord Berkley, Anthony,
Lord Ashley, Sir George C'arteret, Sir.! ohn Colleton and Sir William Berk-
ley, and their heirs and assigns, by such rents, services and customs, as shall
seem fit to themthe said Edward Earl of Clarendon, George, Duke of Albe-
marle, William, Earl of Craven, John, Lord Bei'kley, Anthony Lord Ashley,
SirGeorge Carteret, Sir John Colleton, and Sir William Berkley, their heirs
and assigns, and not of us, our heirs and successors; and to the same person
and persons, and to all and every of them, we do give and grant by these
presents, for us our heirs and successors, license, authority and power, that
such person or persons, may have and take the premises, or any parcel thereof,
of the said Edward Earl of Clarendon, George, Duke of Albemarle,
William, Earl of Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir
George Carteret, Sir John Colleton, and Sir William Berkley, their heirs and
assigns, and the same to hold, to themselves, their heirs or assigns, in what
estate of inheritance soever, in fee simple or in fee tayle, or otherwise, as
to them the said Edward Earl of Clarendon, George, Duke of Albemarle,
38 STATTTTES AT LARGE
TiiE Second William, Earl of Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir
< iiAKTKR. (iooi-o-e Carteret, Sir John Colleton, and Sir William Berkley, their heirs
and assigns, shall seem expedient ; the statute in the Parliament of Edward,
son of King Hemy, heretofore King of England, our predecessor, com-
monly called the statute of "quia cm-ptorcs tcrranimr or any other statute,
act, ordinance, use, law, custom, or any other matter, cause or thing, here-
tofore published or provided to the contrary in any wise, notwithstanding.
loth. And because many persons bom and inhabiting in the said Province,
for their deserts and services, may expect and be capable of marks of honour^
and favour, which in respect to the great distance, cannot be conveniently
conferred by iis ; our will and pleasure therefore is, and we do by these
])ri;sents, give and grant mito the said Edward Earl of Clarendon, George,
Duke of Albemarle, Wilham, Earl of Craven, John, Lord Berkley, An-
thony, Lord Ashley, Sir George Carteret, Sir John Colleton and Sir
W^illiam Berkley, their heirs and assigns, full pow'er and authority to give
and confer, unto and u])on such of the inhabitants of the said Province or
territory, as they shall think, do or shall merit the same, such marks of favour
and titles of honour, as they shall think fit; so as their titles or honours, be
not the same as are enjoyed by, or conferred ujion, any of the subjects of this
our kingdom of England.
14th. And further, also, we do by these pi'esents, for us, our heirs and suc-
cessors, give and grant license to them, the said Edward, Earl of Clarendon,
George, Duke of Albemarle, William, Earl of Craven, John, Lord Berk-
ley, Anthony, Lord Ashley, Sir George Carteret, Sir John Colleton and
Sir William Berkley, their heirs and assigns, full power, liberty and license,
to erect, raise and build within the said province and places afoi'esaid, or
any part or parts thereof, such, and so many forts, fortresses, castles, cities,
burroughs, towns, villages and other fortifications whatsoever, and the same,
oi- any of them, to fortify and furnish with ordinance, powder, shot, armour,
and all other weapons, ammunition and habilements of war, both defensive
and offensive, as shall l)e thought fit and convenient, for the safety and wel-
fare of the said Province and 2:)laces, or any part thereof, and the same, or
any of them, from time to time, as occasion shall require, to dismantle, dis-
funiish, demolish and pull down; and also to place, constitute and ajipoint,
in or over all or any of the said castles, forts, fortifications, cities, towns and
places aforesaid, Governours, deputy Govern ours. Magistrates, Sheriffs, and
other officers, civil and military, as to them shall seem meet ; and to the said
cities, burroughs, towns, villages, or any other place or places within the said
Province oi' temtory, to grant letters or charters of incorporations, with
all the liberties, franchises and priviledges, requisite or usual, or to or within
this our kingdom of England, granted or belonging ; and in the same cities,
l)urroughs, towias, and other places, to constitute, erect and appoint such and
so many markets, marts and fairs, as shall in that behalf, be thought fit and
necessary ; and furthei- also, to erect and make, in the Province or temtory
aforesaid, or any part thereof, so many manners, with such Signories as to
them shall seem meet and convenient, and in every of the said manners, to
have and to hold a Court Baron, with all things whatsoever, which to a court
Baron do belong ; and to have and to hold, views of franck pledge, and
court leet, for the conservation of the peace and better government of those
parts, with such limits, jurisdictions, and precincts, as by the said Edward,
Earl of Clarendon, George, Duke of Albemarle, William, Earl of Craven,
John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir John
Colleton, and Sir William Berkley, or their heirs, shall be appointed for
that purpose, with all things whatsoever, which to a court leet or view of
franck pledge do belong ; the same courts to beholden by stewards, to be
OL'^ .SOUTH CAROl.lNA 39
licputed and autlioiizcd by tlic said Edward, Earl of" Clarendon, (jcorgu, Tin: Seconu
Duke of Alhernarle, William, Earl of" Craven, .lolm, Jiord Jierkley, Antho-
ny, Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William
Berkley, or their hcii's, hy the Lords of the mannors and lects, for the time
being, when the same shall be erected.
15th. And because that in so remote a country, and scituate among so
many barbarous nations, the invasions as well of salvages as other enemies,
pirates and I'obbers, may probably be feared, thei-efore we have given, and
for us, our heirs and successors, do give power by these presents, unto the
said Edward, Earl of Clarendon, Cleorge, Duke of Albemarle, William,
Earl of Craven, .l(jhn, Lord JJerkley, Anthony, Lord Ashley, Sir George
Carteret, Sir John Colleton and Sir William Berkley, their heirs or assigns,
by themselves or their captains, or other officers, to levy, muster and train
up, all sorts of men, of what condition soever, or wheresoever born, whe-
ther in the said Province or elsewhere, for the time being, and to make war
and pursue the enemies aforesaid, as well by sea as by land, yea, even with-
out the limits of the said province, and by G od's assistance, to vanquish and
take them, and being taken, to put them to death by the law of war, and to
save them at their pleasure, and to do all and every other thing, which to
the charge and office of a captain general of an army belongeth, or hath
accustomed to belong, as fully and freely as any captain general of an army
hath had the same.
16th. Also, our will and pleasure is, and by this our charter, we give and
grant unto the said Edward Earl of Clarendon, George, Duke of Albemarle,
William, Lord Craven, ,Tohn, Lord Berkley, Anthony, Lord Ashley, Sir
Geoi-ge Carteret, Sir John Colleton, and Sir William Berkley, their heirs
and assigns, full power, liberty and authority, in case of rebellion, tumult or
sedition (if any should happen, which God forbid) either upon the land
within the province aforesaid, or upon the main sea, in making a voyage
thither or returning from thence, by him and themselves, their captains,
deputies, or officers, to be authorized under his or their seals, for that pur-
pose, to whom, also, for us, our heirs and successors, we do give and grant
by these presents, full power and authority to exercise martial law, against
mutinous and seditious persons, of those parts, such as shall refuse to submit
themselves to their government, or shall refuse to ser^'e in the wai's, or shall
fly to the enemy, or foi-sake their colours, or ensigns, or be loyterers, or
stragglers, or otherwise howsoever offending against law, custom, or milita-
ry discipline, as freely, and in as ample manner and form as any captain
general of an army, by vertue of his office, might or hath accustomed to use
the same.
17th. And our further pleasure is, and by these presents, for us, our heirs
and successors, we do grant unto the said Edward, Earl of Clarendon,
George, Duke of Albemarle, William, Earl of Craven, John, Lord Berk-
ley, Anthony, Lord Ashley, Sir George Carteret, Sir John Colleton and Sir
William Berkley, their heirs and assigns, and to all the tenants and inhabi-
tants of the said province or temtory, both present and to come, and to
every of them, that the said province or temtory, and the tenants and in-
habitants thereof, shall not from henceforth be held or reputed a member
or part of any colony whatsoever in Amei'ica, or elsewhere, now transported
or made, or hereafter to be transported or made ; nor shall be depending on
or subject to their government in any thing, but be absolutely separated
and divided from the same ; and our pleasure is, by these presents, that they
be sepai-ated, and that they be subject immediately to our crown of Eng-
land, as depending thereof forever ; and that the inhabitants of the said pro-
vince or territory, nor any of them, shall at any time liereafler be compelled,
40 STATUTES AT LARGE
The Seconk or compellable, or be any ways subject or liable, to appear or answer to any
CiiARTKR. j^atter, suit, cause or plaint whatsoever, out of tlie province or tenitory
aforesaid, in any other of our islands, colonies, or dominions in Amej-ica, or
elsewhere, other than in our realm of England, Jind dominion of Wales.
18th. And because it may hnjipcn that some of the people and inhabitants
of the said Province, cannot in their private opinions conform to the publick
exercise of religion, according to the liturgy, ibrm and ceremonies, of the
church of Kngland, or take and subscribe, the oaths, and articles, made and
estaldished in that behalf, and for that the same, by reason of the remote
distances of those places, will, as we hope, be no breach of the unity and
conformity established in this nation, our will and pleasure therefore is, and
we do by these presents, for us our heirs and successors, give and grant un-
to the said Edward,Earl of Clarendon, George,Dukeof Albemarle,William,
Lord Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George
Carteret, Sir John Colleton, and Sir "William Berkley, their heirs and as-
signs, full and free license, liberty and authority, by such ways and means
as they shall think fit, to give and grant unto such person and persons, in-
habiting and being within the said province or territory, hereby or by the
said recited letters patents, mentioned to be granted as aforesaid, or any jiait
thereof, such indulgencies and dispensations in that behalf, for and during
such time and times, and with such limitations, and restrictions, as they, the
said Edward, Earl of Clarendon, Creorge, Duke of Albemarle, William,
Earl of Craven, John, Lord l^erkley, Anthony, Lord Ashley, Sir George
Carteret, Sir John Colleton, and Sir William Berkley, their heirs and as-
signs, shall in theii- discretion think fit and reasonable, and that no person or
persons, unto whom such liberty shall be given, shall be any way molest-
ed, punished, discjuieted or called in question, for any difference in opinion
or practice, in matters of religious concernment, who do not actually disturb
the civil peace of the province, county, or colony, that they shall make their
abode in ; but all and every such person and persons may, from time to
time, and at all times, freely and quietly have and enjoy his or their judg-
ments and consciences in matters of religion, throughout all the said Pro-
vince or colony, they behaving peaceably, and not using this liberty to licen-
tiousness, nor to the civil injury or outward disturbance of others ; any law,
statute, or clause contained or to be contained, usage or customs of our realm
of England to the contrary hereof, in any wise notwithstanding.
19th. And in case it should happen that any doubts or cjuestions should
arise, concerning the true sense and understanding of any word, clause, or
sentence, contained in this our present charter, we will, ordain and com-
mand, that at all times, and in all things, such inteif^retation be made
thereof, and allowed in all and every of our courts whatsoever, as lawfully
may be adjudged most advantageous and favourable to the said Edward,
Earl of Clarendon, George, Duke of Albemarle, William, Earl of Craven,
John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir
John Colleton and Sir William Berkley, their heirs and assigns, although
express mention, &c.
Witness, Our Self, at Westminster, the thirtieth day of June, in the se-
venteenth year of our reign, ^1665.^
PER IPSUM REGEM.
Note. — This Charter was, on the 25th July, 1729, surrendered to the
King by seven of the eight Proprietors, under the authority of the act of
OF SOUTH CAROLINA. 41
Parliament, 2 CJeo. 2 cli. .'M, lienduaftei- inserted. Lord CurLeret, (after- ^ ^^^'s from
wards L(jrd Granville) the eighth Proprietor, resigned on the 17th Septem-'^'"^ Journal.
Ijer, 1744, all pretensions to the Government, and his eighth part of the
right to the soil was located by Commissioners, appointed by him and the
King, next luljoining Virginia, " bounded North by the A'^irginialine, East
by tlie Atlantic, South by latitude 35 degrees 34 minutes North, and West
as far as the bounds of the Chatter."
Tlie Government of Carolina, from the surrender in 1729, became regal;
and the I'rovince was divided Into North and South Carolina, by an order
of the Ik'itish Council, which fixed the boundaries between the two
Provinces.
The alterations of the Scjuthern Boundaries of South-Carolina, resulting
from the establishment of Georgia, and other acts, are noticed in the col-
lection of documents relating to Boundary.
Of the Five Fundamental Constitutions, mentioned by Mr. Trott, the
first was drawn up at the request of Lord Ashley, one of the original pro-
prietors, (better known as Anthony Ashley Cooper, Earl of Shaftesbury)
by John Locke, dated 1st of March, 1669, six years after the granting of
the first charter. Concerning these Fundamental Constitutions, I find in
the MS. .lournals of the House of Assembly of the Province of Carolina,
the following particulars, viz. :
Extract from the Juurnals of iJiv Hauxe i>/' Assc/iil/lj/,in MS. hegii. Lihr.,froiii
1702 to llOQ; August 2Qth, 1702.
Mr. Trott and Mr. Higginton, the committee to supervise the Constitu-
tions, &c. report as followeth :
" We find that our late sovereign Lord, King Charles the Second, in his
" royall charter, bearing date the 30th day of June, in the 17th year of his
" reign, did give and grant unto the honourable the Lords Proprietors of
" the Province of Carolina, ample rights, jurisdictions, priviledges, prerog-
" atives, royalties, liberties, immunities and franchises, for the good and
" happy government of the said Province, and the people therein habittino-
" or to inhabitt ; and of his especiall grace towards the said people, in the
" said charter hath made provision that the said Lords Pj'oprictors have full
" power and authoritye to make and enact, and mider their hands and seals
" to publish any law and constitutions whatsoever, either appertaining to
" the publick state of the said whole Province, or to the private utility of
" particular persons, according to their best discretions, by and with the
" assent and advice and approbation of the freemen of the said Province ;
" That the said originall charter is the only true basis, from, by and accord-
" ing to which, other laws, methods, and rules of government, which any-
" wayes concerne the peoples lives, and their liberties, freeholds, goods and
" chattels of the inhabittants of this Province, ought or legally can be taken,
" derived and enacted. That the said charter particularly and expressly
*• provides for our civill liberties, but freedom in matters of I'eligion and
" conscience, is thereby given to us, by and under the Lords Proprietors's
" consent.
" That the constitutions of which we are to consider, make and set up
" an estate diflerent and distinguished from the Lords Proprietors, and the
" Common's house, without whose consent noe law shall or may be enacted,
" which is called in the said constitutions, the upper house, consisting of
VOL. 1.— 6.
42 STATUTES AT LARGE
Ext's from " the Landgraves and Casiques, who being created by their Lordships
The Journal. ,, gg^ond letters patents, are also a middle state between the Lords and
~ ~ ' " Commons ; which constitution we cannot find that it anywayes contradicts
" the said Charter.
" We find that the 22d article in the Constitutions, manifestly interferes
" with our Jury acts, now in force ; That all other articles in the constitu-
" tions, are asneare and agreable as may be, to the said charter, or at least
" no wayes rejougnant to it."
August 31st, 1702. — The House entered mto the debate of the said re-
port, and ordered the charter to be read, which was read accordingly. The
House ordered the last constitutions sent here by the Proprietors, to be
read, which were read accordingly.
" The question is put, whetlier the House is of opinion that the Consti-
" tutions now before us are valid, being enacted by us, since severall of the
" proprietors are dead, that signed the same. Carried in the affirmative.
" Ordered, that the said Constitutions be read again, and debated para-
" graph by paragraph, to-mon'ow morning."
" September 1st, 1702. — According to the order of the day, the Consti-
" tutions were read, and the house entered into the debate, paragraph by
" paragraph. The question is, whether the said Constitutions be ordei'ed
" a second readini?. Carried in the negative."
I find no other notice of these Constitutions in the Journals. Hence it
appears that the representatives of the people of Carolina, at that period,
withheld from these documents the sanction of their confirmation, and re-
fused to acknowledge their binding authority. These Constitutions were
in force, and binding at least on the Proprietors who enacted them, until
the Assembly so acted upon them in September, 1702 ; but to what extent
they were previously in force, I cannot discover with accuracy. Under
these Constitutions, the Proprietors appear to have claimed the right of
repealing laws, passed by the House of Assembly. The contest on this
point, is noticed by Dr. Ramsay in his history of South Carolina, (vol. 1st,
page 72-76) in connection with the victory of the House of Assembly over
Gov. Johnson and the Proprietary Government in 1719, when that form of
government was superceded by surrendei' to the Crown.
These fundamental constitutions, so rejected by the House of Assembly,
constitute, therefore, no part of the laws of South Carolina ; but as the
constitution of John Locke inti-oduces unusual titles of honour, with ap-
pellations adopted in many of the early laws of the Province, and as Land-
graves and Casiques, with large donations of land, were created under its
authority, I deem it proper to give a place to this document here, more
especially as the high reputation of the author renders it a document of leg-
islation of much curiosity.
The term " Palatine," Comes Palatii, Count of the palace, is a title
formerly given to some great dignitary of the royal household. It then
became the title of a governor of some local district, with the authority and
privileges of vice-royalty ; in England, the county of Durham is a county
Palatine.
"Landgrave," is a German title of nobility, connected with a landed
estate of a certain extent ; like the "Thane" of Saxon times.
OF SOUTH CAROLINA. 43
"Ct(si(/i(('' or "Cazli/nc,'' a title of tlomlniuii amono; the Mexican In- ^ Locke's
-' -^ ° Constitution
tliaiis.
Tlionias .Smith, (lovernor of Cai'oliiia, was, by authority of the Proprie-
tors who issued th(>ir patent 1o this effect, May loth, 1G94, created Lrind-
grave, together with " four bnronies, of 12,000 acres of hind each ; whicli
title and baronies should forever descend to his heirs, on jiaying the annual
rent of a penny, hnvful money of England, for each acre." — Ramsay's His-
tory of South CJarolina, vol. 1, page 4-'3, note.
James Colleton, Clovernor, is also designated as Landgrave Colleton, in
Ramsay's History of South Carolina, page 40, volume 1st. 1'. C.
THE FUNDAMENTAL CONSTITUTIONS OF CAROLINA,
Drawn up uy John Locke ; (March 1st, 1GG9.)
fSee Lockers TVofks, St/i Edition, volume lOfJi, 2^^iS'<' ^'^■^■J
Our sovereign Lord the King, having out of his royal grace and bounty,
granted unto us the Province of Carolina, with all the royalties, properties,
jurisdictions and priviledges of a County Palatine, as large and ample as
the County Palatine of Durham, with other great Priviledges; for the better
settlement of the government of the said place, and establishing the interest
of the Lords Proprietors with equality, and without confusion ; and that
the government of this Province may be made most agreeable to the Mo-
narchy under which we live, and of which this Province is a part ; and that
we may avoid erecting a numerous democracy: We, the Lords and propii-
etors of the Province aforesaid, have agreed to this following form of
government, to be perpetually established amongst us, unto which we do
oblige ourselves, our heirs and successors, in the most binding ways that
can be devised.
1st. The eldest of the Lords Proprietors shall be Palatine ; and upon the
decease of the Palatine the eldest of the seven surviving propi'ietors shall
always succeed him.
2d. There shall be seven other chief offices erected, viz., the Admirals,
Chamberlains, Chancellors, Constables, Chief Justices, High Stewards and
Treasurers ; which places shall be enjoyed by none but the Lords Proprie-
tors, to be assigned at first l)y lot ; and upon the vacancy of any one of the
seven great offices, by death or otherwise, the eldest Proprietor shall have
his choice of the said place.
3d. The whole Province shall be divided into Counties ; each county
shall consist of eight signories, eight baronies and four precincts ; each pre-
cinct shall consist of six colonies.
4th. Each signory, barony, and colony, shall consist of twelve thousand
acres ; the eight signories being the share of the eight proprietors, and the
eight baronies of the nobility ; both which shares, being each of them one
fifth of the whole, are to be perpetually annexed, the one to the proprietors
and the other to the hereditary nobility ; leaving the colonies, being three-
fifths, amongst the people ; so that in setting out and planting the lands, the
balance of the government may be preserved.
5th. At any time before the year one thousand, seven hundred and one,
any of the lords proprietoi-s shall have power to relinquish, alienate and dis-
pose to any other person, his proprietorship, and all the signories, powers,
^■.
0>. -^z
*<^.
44 STATUTES AT LARGE
Locke's and interest, thereunto belongin^^ wholly and intirely together, and not
otherwise. But after the year one thousand, seven hundred, those who are
then Lords Proprietors, shall not have power to alienate, or make over their
proprietorship, with the signories and priviledges thereunto belonoing, or
any part thereof to any person whatsoever, otherwise than in section ISth,
but it shall all descend unto their heirs male ; and for want of heirs male, it
shall all descend on that Landgrave, or Casique of Carolina, who is descend-
ed of the next heirs female of the proprietor ; and for want of such heirs,
it shall descend on the next heir general ; and for want of such heirs, the
remaining seven proprietors shall upon the vacancy, choose a Land,gi"ave to
succeed the deceased proprietor, who being chosen by the majority of
the seven sur\'iving proprietors, he and his heirs, successively, shall be pro-
prietors, as fully, to all intents and purjjoses, as any of the rest.
6th. That the number of eight proprietors may be constantly kept ; if
upon the vacancy of any proprietorship, the seven surviving proprietors shall
not choose a Landgrave to be a proprietor, before the second biennial parlia-
ment after the vacancy, then the next biennial parliament but one, after
such vacancy, shall have power to choose any Landgrave to be a proprietor.
7th. Whosoever after the year one thousand seven hundred, either by
inheritance or choice, shall succeed any proprietor in his proprietorship and
signories thereunto belonging, shall be obliged to take the name and arms
of that proprietor whom he succeeds, which from thenceforth shall be the
name and arms of his family and their posterity.
8th, Whatsoever Landgrave or Casicjue shall any way come to be a pro-
prietor, shall take the signories annexed to the said proprietorship ; but his
former dignity, with the baronies annexed, shall devolve into the hands of
the Lords Proprietors.
9th. There shall be just as many Landgraves as there are counties, and
twice as many Casiques, and no more. These shall be the hereditary nobil-
ity of the Province, and by right of their dignity be members of parlia-
ment. Each Landgrave shall have four baronies, and each Casique two
baronies, hereditarily and unalterably annexed to and settled upon the said
dignity.
10th. The first Lands^-aves and Casiques, of the twelve first counties to
be planted, shall be nominated thus, that is to say, of the twelve Landgi'aves,
the Lords Proprietors shall each of them separately for himself, nominate
and choose one ; and the remaining four Landgraves of the first twelve
shall be nominated and chosen by the palatine's court. In like manner of
the twenty-four first Casiques, each proprietor for himself shall nominate
and choose two, and the remaining eight shall be nominated and chosen by the
palatine's court; and when the twelve first counties shall be planted, the
Lords Proprietors shall again, in the same manner, nominate and choose
twelve inore Landgraves, and twenty four more Casiques, for the next
twelve counties to be planted ; that is to say, two-thirds of each number, by
the single nomination of each pi'oprietor for himself, and the remaining
third by the joint election of the palatine's court; and so proceed in the same
manner, till the whole province of Carolina be set out and planted, accord-
ing to the proportions in these fundamental constitutions.
11th. Any Landgrave or Casique, at any time before the year one thou-
sand seven hundred and one, shall have power to alienate, sell, or make over
to any other person, his dignity, with the baronies thereunto belonging, all
intirely together ; but afterthe year one thousand, seven hundred, no Land-
grave or Casique shall have power to alienate, sell, make over, or let the
hereditary baronies of his dignity, or any part thereof, otherwise than as in
section 18th ; but they shall all intirely, with the dignity thereunto belong-
OF SOUTH CAROLTXA. lo
iiif, (Icscend luito his lioii-,s male : and for want ot'licirs rnalc, all intirolv antl ^, I^ocke's
"■••IT,.! . I • 1 1 J- . f 11- 1111 Constitution
iiii(hvitlecl, to the next licir u;(!n(;i-al ; and tor want ot sucli liru's sliall de-
volve into th(; liands of the; Ijords proprietcH's.
l:2tl^ That the due niimlier of Landgraves and (Jasiipies', may l)eahv;iys
kept np; if upon the devolution of any landQ;raveship, or Casi([nesliij), tlic
f)alatine's court shall not settle the devcjlved dignity, with the baronies
thereunto annexed, before the second biennial parliament after such.
devolution, the next biennial parliament but one, after such devolntion,
shall have power to make any one landgrave or casique, in the room of him
who dying without heirs, his dignity and banmies devolved.
I .■)th. No one person shnll have more than one dignity, with the signiories
or baronies thereunto belonging. But when soever it shall Inippcn, that
any one who is already i*r(^prietoi-, Landgrave, or Casique, shall have any
of these dignities descend to him l)y inheritance, it shall be at his choice to
keep which of tlie dignities, with the lands annexed, he shall like best ; but
shall loavcUhe other, with the hinds amiexed, to be enjoyed by him who
not being his heir apparent, and certain successor, to his present dignity, is
next of blood.
14th. Whosoever by right of inheritance, shall cf)me to be Landgrave or
Casique, shall take the name and arms of his predecessor in that dignity,
to be from thenceforth the name and arms of his family and their posterity.
15th. Since the dignity of Proprietor, Landgi'ave or Casique, cannot be
divided, and the signiories or baronies, thereunto annexed, must forever all
intirely descend with and accompany that dignity ; whensoever for want of
heirs male, it shall descend on the issue female, the eldest daughter and her
heirs shall be prefered, and in the inheritance of those dignities, and in the
signiories or baronies annexed, there shall be no co-heirs.
16th. In every signiory, barony, and manor, the respective Lord shall
have ])ower in his own name to hold court leet there, for trying of all causes,
both civil and criminal; but where it shall concern any person being no
inhabitant, vassal, or leet man, of the said signioiy, barony or manor, he
upon paying down of forty shillings, for the Lords proprietoi's use, shall
have an appeal from the signiory, or barony court, to the county court, and
from the manor court, to the precinct court.
17th. Every manor shall consist of not less than three thousand acres,
and not above twelve thousand acres, in one intire piece and colony ; but
any three thousand acres or more, in one piece, and the possession of one
man, shall not be a manor, unless it be constituted a manor, by the grant
of the 2:)alatine's court.
18th. The Lords of signiories and baronies, shall have power only of
granting estates not exceeding three lives, or twenty one years, in two
thirds of the said signiories, or baronies, and the remaining third shall be
alvi^ays demesne.
19th. Any Lord of a manor, may alienate, sell, or dispose to any other
person and his heirs for ever, his manor all intirely together, with all the
priviledges and leet men, thereunto belonging, so far forth as any colony
lands ; but no grant of any part thereof, either in fee or for any longer
term than three lives, or one and twenty years, shall be good against
the next heir.
20th. No manor for want of issue male, shall be divided amongst
co-heirs; but the manor, if there be but one, shall all intirely descend to
the eldest daughter and her heirs. If there be more manoi-s than one, the
eldest daughter fii'st shall have her choice, the second next, and so on,
beginning again at the eldest until all the manors be taken up ; that so the
priviledges which belong to manors, being indivisible, the lands of the-
46 STATUTES AT LARGE
Locke's manors, to wliicli they are annexed, may he kept, intiro, and tlie manor not
oNSTiTUTioN|^_^g^ tliosG privilcdges, whicli upon parcelling out to several owners must
neeessarily cease.
21st. Every Lord of a manor, within his OAvn manor, shall have all the
powers, jurisdictions and priveledgcs, which a Landgrave or Casique
hath in his haronies.
22d. In every signiory, barony and manor, all the leet men shall be under
the jurisdiction of the respective Lords, of the said signiory, barony or
manor, without appeal from him. Nor shall any leet man, or leet woman,
have liberty to go off from the land of their particular Lord and live any
where else, without license obtained from their said Lord, underhand and
seal.
23d. All the children of leet men, shall be leet men, and so to all
generations.
24th. No man shall be capable of having a court leet, or leet men, but
a Proprietor, Landgrave, Casique, or Lord of a manor.
25th. Whoever shall voluntarily enter himself a leet man, in the registry
of the county court, shall l)e a leet man.
2Gth. Whoever is Lord of leet men, shall upon the marriage of a leet
man, or leet woman of his, give them ten acres of land, for their lives,
they paying to him therefore, not more than one eighth pait of all the
yearly produce and growth of the said ten acres.
27th. No Landgrave oi Casiqvie, shall be tried for any criminal cause,
in any but the Chief-justice's court, and that by a jury of his peers.
28th. There shall be eight supreme courts. The first called the palatine's
court, consisting of the palatine and the other seven Propiietors. The
other seven courts, of the other seven gi'eat ofiicers, shall consist each of
them of a Proprietor, and six: counsellors added to him. Under each of
these latter seven courts, shall be a college of twelve assistants. The
twelve assistants of the several colleges, shall be chosen, two out of the
Landgraves, Casiques, or eldest sons of the Proprietors, by the palatine's
court ; two out of the Landgi'aves, by the Landgraves' Chamber; two out
of the Casiques, by the Casiques' chamber; four more of the twelve, shall
lie chosen by the Common's chamber, out of such as have been, or are, members
of parliament, sheriff's, or justices of the county court, or the younger sons
of Proprietors, or the eldest sons of Landgraves or Casiques ; the two
others shall be chosen by the Palatine's court, out of the same sort of
persons out of which the common's chamber is to choose.
29th. Out of these colleges, shall be chosen at first by the palatine's court,
six counsellors to be joined with each Proprietor in his court; of which
six, one shall be of those, who were chosen into any of the colleges by the
palatine's court, out of the Landgraves, Casiques, or eldest sons of Pro-
prietors ; one, out of those who were chosen by the Landgrave's chamber ;
one, out of those who were chosen by the Casique's chamber; two, out
of those who were chosen by the Common's chamber; and one out of those
who were chosen by the Palatine's court, out of the Proprietor's younger
sons, or eldest sons of Landgraves, Casiques, or Commons qualified as
aforesaid.
30th. When it shall happen that any Counsellor dies, and thereby there
is a vacancy; the grand counsel shall have power to remove any coun-
sellor that is willing to be removed out of any of the Proprietor's courts,
to fill up the vacancy, provided they take a man of the same degree and
choice the other was of, whose place is to be filled up. But if no
councellor consent to be removed, or upon such remove the last remaining
vacant place, in any of the Proprietors courts, shall be filled up by the
OF SOUTH CAROLINA. 47
choice of the jn-and council, vvlio shall have power lo leiiicne out of any,, '^ocke's
„ , 1, ° • 1 • !■ ^1 1 1 1 • .1 ^ ( OXSTITUTIO.X
of the collciTes, any assistant who is ot tht; same clegree and clioice tliat
counsellor was of, into whose vacant place he is to succeed. The; grand
council also, shall have power to remove any assistant, that is willing, out
of one college into another, providefl he be of the same degree and clioice.
But the last remaining vacant place in any college, shall be hlled up by tin;
same choice, and out of tli(! same degree of persons the assistant was of,
who is dead or remov(!d. No place shall be vacant in any J'roprietor's
court, above six months. No place shall be vacant in any college, longer
than the next session of parliament.
31st. No man being a member of the grand council, or of any of the
seven colleg(>s, shall be turned out, but for misdemeanour, of which the
grand council shall be judge ; and the vacancy of the person so put out,
shall be tilled, not by the election of the grand council, but by those who
first chose him, and out of the same degiee he was of, who is expelled.
But it is not hereby to be understood, that the grand council hath any power
to turn out any one of the Lords Proprietors, or their deputies; the Lords
Proprietors having in themselves, an inherent original right.
32d. All elections in the pai'liament, in the several chambers of the
parliament, and in the grand council, shall be passed by balloting.
33d. The Palatine's court shall consist of the palatine, and seven Pro-
prietors, vv^ierein nothing shall be acted without the presence and consent
of the Palatine or his deputy, and three others of the Proprietors or their
deputies. This court shall have power to call Parliaments, to pardon all
offences, to make elections of all officers in the Proprietor's dispose, and
to nominate and appoint port towns ; and also shall have power by their
order to the treasurer, to dispose of all public treasure, excepting money
granted by the Parliament, and by them directed to some particular public
use ; and also shall have a negative upon all acts, orders, votes and judge-
ments of the grand council and the parliament, except only as in Sec. 6th.
and 12th. and shall have all the powers granted to the Lords Proprietors, by
their patent from our sovereign lord the king, except in such things as are
limited by these fundamental constitutions.
34th. The Palatine himself, when he in person shall be either in the
army, or any of the Proprietors courts, shall then have the power of general,
or of that Proprietor in whose court he is then present ; and the Proprietor
in whose court the Palatine then presides, shall during his presence there,
be but as one of the council.
3e5th. The Chancellor's court, consisting of one of the Proprietors, and
his six counsellors, who shall be called vice chancellors, shall have the
custody of the seal of the Palatine, under which charters of lands or
otherwise, commissions and giants of the Palatine's court, shall pass.
And it shall not be lawful to put the seal of the Palatinate to any writing,
which is not signed by the Palatine or his deputy, and three other Proprie-
tors or their deputies. To this court also belong all state matters, despatches,
and treaties with the neighbour Indians To this court also belong all
invasions of the law, of liberty, of conscience, and all invasions of the public
peace, upon pretence of religion, as also the license of printing. The
twelve assistants belonging to this court, shall be called recorders.
36th. Whatever passes under the seal of the Palatinate, shall be
registered in that proprietors court to which the matter therein contained,
belongs.
37th. The Chancellor or his deputy, shall be always speaker in Parlia-
ment, and president of the grand council, and in his and his deputy's
absence, one of the vice chancellors.
48 STATUTES AT LARGE
Lockk's 38th. The Chief Justice's Court, consisting of one of the proprietors and
CoxsTiTUTiox jj-^ ^-^ counsellors, vrho shall be called justices of the bench, shall judge all
appeals in cases both civil and criminal, except all such cases as shall be
under the jurisdiction and cognizance of any other of the Pi'oprietors
courts, which shall be tried in those courts respectively. The government
and regulation of registries of writings and contracts, shall belong to the
jurisdiction of this tourt. The twelve assistants of this court, shall be
called masters.
39th. The Constable's Court, consisting of one of the Proprietors and his
six counsellors, who shall be called Marshalls, shall order and determine
of all military affairs by land, and all land forces, arms, anmiunition,
artillery, gamsons and forts, &:c., and whatever belongs unto Avar. His
twelve assistants shall be called Lieutenant Generals.
40th. In time of actual Avar, the Constable Avhile he is in the army, shall
be General of the araiy ; and the six Coimsellors, or such of them as the
Palatine's Court shall for that time or service appoint, shall be the imme-
diate great officers under him, and the Lieutenant Generals next to
them.
41st. The Admiral's Court, consisting of one of the Proprietors, and his
six Counselloi-s, called Consuls, shall have the care and inspection over all
ports, moles, and navigable rivers so far as the tide floAvs, and also all the
public shi]3ping of Carolina, and stores thereunto belonging, and all
maiitime affairs. This Court also shall have the jiOAver of the Court of
admirality ; and .shall have power to constitute Judges in port tOAvns, to try
cases belonging to laAv-merchant, as shall be most convenient for trade.
The tAvelve assistants belonging to this Court, shall be called proconsuls.
42d. In time of actual Avar, the admiral Avhilsthe is at sea, shall command
in chief, and his six counsellors, or such of them as the Palatine's Court
shall for that time or service appoint, shall be the immediate great officers
under him, and the proconsuls next to them.
43d. The Treasurer's Court, consisting of a proprietor and his six coun-
sellors, called under treasurers, shall take care of all matters that concern
the public revenue and treasury. The twelve assistants shall be called
Auditors.
44th. The high SteAvard's Court, consisting of a proprietor and his six
counsellors, called comptrollers, shall have the care of all foreign and do-
mestic trade, manufactures, public buildings, Avork houses, highAvays, passa-
ges by Avater above the flood of the tide, drains, seAvers, and banks against
inundations, bridges, posts, earners, fairs, markets, corruption or infection
of the common air or Avater, and all things in order to the public commerce
and health ; also, setting out and sun-eymg of lands ; and also setting out
and appointing places for towns to be built on, in the precincts, and the
prescribing and determining the flgm-e and bigness of the said towns, accord-
ing to such models as the said courts shall order ; contrary or difliering
from Avhich models, it shall not be lawful for any one to build in any town.
This court shall have power also to make any public building, or any new
highway, or enlai-ge any old highway, upon any man's land whatsoever ; as
also to make cuts, channels, banks, locks and bridges for making rivers
navigable, or for draining fens, or any other public use. The damage the
owner of such lands (on or through which any such public things shall be
made) shall receive thereby, shall be valued, and satisfaction made, by such
ways as the gi-and council shall appoint. The twelve assistants belonging
to this court shall be called surveyors.
45th. The Chamberlain's Court, consisting of a Proprietor and six
Counsellors, called vice chamberlains, shall haAe the care of all ceremonies,
OF SOUTH CAROLINA. 49
iH-ecedencv, heraldry, reception of public messengers, pedigiees, the regis- Locke's
try of all births, burials, and marriages, legitimation, and all cases
concerning matrimony, or arising from it ; and shall also have power to
regulate all fashions, habits, badges, games and sports. To this Court it
shall also belong, to convocatc the grand council. The twelve assistants
belonging to this Court, shall be called Provosts.
46th. All causes belonging to, or under the jurisdiction of any of the
Proprietors Courts, shall in them respectively be tried, and ultimately
determined, without any further appeal.
47th. The Proprietors Courts, shall have a power to mitigate all fines,
and suspend all execution in criminal causes, either before or after sen-
tence, in any of the other inferior courts respectively.
4Sth. In all debates, hearings or trials in any of the Proprietors Courts,
the twelve assistants belonging to the said courts respectively, shall have
liberty to be present, but shall not interpose unless their opinions be required,
nor have any vote at all; but their business shall be by the direction of the
respective courts, to prepare such business as shall be committed to them ;
as also to bear such offices, and dispatch such affairs, either where the court
is kept, or elsewhere, as the court shall think fit.
49th. In all the Proprietors's Courts, the Proprietor and any three of his
Counsellors shall make a quorum ; provided always, that for the better
despatch of business, it shall be in the power of the Palatine's Court to
direct what sort of causes shall be heard and determined by a quorum of
any three.
50th. The grand council, shall consist of the Palatine and seven Pro-
prietors, and the forty-two Counsellors of the several Propritors' Courts,
who shall have power to determine any controversy that may arise between
any of Proprietors' Courts, about their respective jurisdictions, or be-
tween the members of the same court, about their manner and methods of
proceedings ; to make peace and war, leagues, treaties, &c., with any of
the neighbour Indians ; to issue out their general orders to the Consta-
ble's, and Admiral's Courts, for the raising, disposing, or disbanding the
forces, by land or by sea.
51st. The grand council shall prepare all matters to be proposed in
Parliament. Nor shall any matter whatsoever, be proposed in Parliament,
but what hath first passed the grand council ; which after having been
read, three several days in the Parliament, shall by majority of votes, be
passed or rejected.
52d. The grand council shall always be judges of all causes and ap-
peals that concern the Palatine, or any of the Lords Proprietors, or any
Counsellor of any Proprietor's Court, in any cause which should otherwise
have been tried in the court of which the said Counsellor is Judge
himself.
53d. The grand council by their warrants to the Treasurer's Court,
shall dispose of all the money given by the Parliament, and by them
directed to any particular public use.
54th. The quorum of the grand council shall be thirteen, whereof a
Proprietor or his deputy, shall be always one.
55th. The grand council shall meet the first Tuesday in every month,
and as much oftener as either they shall think fit, or they shall be convo-
cated by the Chamberlain's Court.
56th. The Palatine, or any of the Lords Proprietors, shall have power,
under hand and seal, to be registered in the grand council, to make a deputy,
who shall have the same power to all intents and purposes, as he himself
who deputes him; except in confirming acts of Parliament as in Sec. 76th.
VOL. I.— 7.
50 STATUTES AT LARGE
Locke's and except also in nominatino' and choosing Landorraves and Casiques, as
Constitution- o i rifi, a ii i. j f^ ^- in j i • i -,
^^^..^^.^^^ 1" '^sc. lUth. All such deputations, shall cease and determine at the end
of four years, and at any time shall be revocable, at the pleasure of the
deputator.
57th, No deputy of any proprietor shall have any power, whilst the
deputator is in any part of Carolina, except the Propritor, whose deputy
he is, be a minor.
58th. During the minority of any Proprietor, his guardian shall have
power to constitute and appoint his deputy.
59th. The eldest of the Lords Proprietors who shall be personally in
Carolina, shall of course be the Palatine's deputy, and if no proprietor be
in Carolina, he shall choose his deputy out of the heirs apparent of any of
the Proprietors, if any such be there ; and if there be no heir appa-
rent of any of the Lords Proprietors, above one and twenty years old in
Carolina, then he shall choose for deputy, any one of the Landgraves of
the grand council ; till he have by deputation imder hand and seal, chosen
any one of the fore-mentioned heirs apparent, or Landgraves, to be his
deputy, the eldest man of the Landgraves, and for want of a Landgrave,
the eldest man of the Casiques, who shall be personally in Carolina, shall
of course be his deputy.
60th. Each Proprietor's deputy, shall be always one of his six Counsel-
lors respectively ; and in case any of the Proprietors hath not, in his
absence out of Carolina, a deputy, commissioned under his hand and seal,
the eldest nobleman of his court, shall of course be his deputy.
6ist. In every county, there shall be a court consisting of a Sheriff, and
four Justices of the county, for every precinct one. The Sheriff' shall be
an inhabitantof the county, and have at least five hundred acres of freehold
within the said county ; and the justices shall be inhabitants, and have
each of them, five hundred acres apiece freehold within the precinct for
which they serve respectively. These five shall be chosen from time to
time and commissioned, by the Palatine's court.
62d. For any personal causes exceeding the value of two hundred
pounds sterling, or in title of land, or in arsy criminal cause ; either party
upon paying twenty pounds sterling to the Lords Propiietors use, shall
have liberty of appeal from the County Court, unto the respective Pro-
prietor's Court.
63d. In every precinct there shall be a court consisting of a Steward,
and four Justices of the precinct, being inhabitants, and having three
. hundred acres of freehold within the said precinct, who shall judge all
criminal crimes ; except for treason, murder, and any other offences pun-
ishable with death, and except all criminal causes of the nobility; and
shall judge also, all civil causes whatsoever ; and in all personal actions
not exceeding fifty pounds sterling, without appeal ; but where the cause
shall exceed that value, or concern a title of land, and in all criminal
causes ; there either party upon paying five pounds sterling, to the Lords
Proprietor's use, shall have liberty of appeal to the county court.
64th. No cause shall be twice tried in any one court, upon any reason
or pretence whatsoever.
65th. For treason, murder, and all other offences punishable with death,
there shall be a commission twice ayear at least, granted unto one or more
members of the grand council, or colleges, who shall come as itinerant
Judges to the several counties, and with the Sheriff" and four Justices,
shall hold assizes, to judge all such causes; but upon paying of fifty pounds
sterling, to the Lords proprietors use, there shall be liberty of appeal to
the respective Proprietors court.
OF SOUTH CAROLINA. 51
66tli. The Grand Jury at the several assizes, shall upon their oaths and , Ixjcke's
under their hands and seals, deliver into their itinerant Judtros, a present- institution
ment of such grievances, misdemeanours, exigencies, or defects, which
they think necessary for the fiublic good of the country ; which present-
ments shall by the itinerant Judges, at the end of tiieii circuit, bo deliv-
ered in to the grand council, at their next sitting. And whatsoever there-
in concerns the execution of laws, already made, the several Proprie-
tor's courts, in the matters belonging to each of them respectively, shall
take cognisance of it, and give such order about it, as shall be efiectual
for the due execution of the laws. But whatever concerns the making of
any new law, shall be referred to the several respective courts, to which
that matter belongs, and be by them prepared and brought to the grand
council.
67th. For terms, there shall be quarterly, such a certain number of days,
not exceeding one and twenty at any one time, as the several respective
courts shall appoint. The time for the beginning of the term in the
Precinct court shall be the first Monday in January, April, July and Oc-
tober; in the County court, the first Monday in February, May, August
and November; and in the Propiietor's courts, the first Monday in March,
June, September, and December.
68th. In the Precinct court, no man shall be a Juryman, under fifty acres
of freehold. In the County court, or at the assizes, no man shall be a
grand juryman, under three hundred acres of freehold; and no man shall
be a petty juryman, under two hundred acres of fieehold. In the Pro-
prietor's courts, no man shall be a juryman under five hundred acres of
freehold.
69th. Every jury shall consist ov'twelve men ; and it shall not be ne-
cessary they should all agree, but the verdict shall be according to the
consent of the majority.
70th. It shall be a base and vile thing, to plead for money, or reward ;
nor shall any one, (except he be a near kinsman, nor farther oft' than
cousin german to the party concerned) be permitted to plead another
man's cause, till before the Judge, in open court, he hath taken an oath that
he doth not plead for money or reward, nor hath, nor will I'eceive, nor di-
rectly, nor indirectly, bargained with the party whose cause he is going
to plead, for money, or any other reward for pleading his cause.
71st. There shall be a Parliament consisting of the Proprietors, or their
deputies, the Landgraves and Casiques, and one freeholder out of every
precinct, to be chosen by the freeholders of the said precmct respectively.
They shall sit all together in one room, and have, every member, one vote.
72d. No man shall be chosen a member of Parliament, who hath less
than five hundred acres of freehold within the precinct for which he is
chosen ; nor shall any have a vote in choosing the said member, that hath
less than fifty acres of freehold within the said precinct.
73d. A new Parliament shall be assembled the first Monday of the
month of November, every second year, and shall meet and sit in the town
they last sat in, without any summons, unless by the Palatine's court they
be summoned to meet at any other place. And if there shall be any
occasion of a parliament in these intervals, it shall be in the power of the
Palatine's court, to assemble them in forty days notice, and at such time
and place as the said court shall think fit; and the Palatine's court shall
have power to dissolve the said Parliament, when they shall think fit.
74th. At the openiiig of every Parliament, the first thing that shall be
done, shall be the reading of these Fundamental Constitutions, which
the Palatine and Proprietors, and the rest of the members then present,
52 STATUTES AT LARGE
Locke's shall subscribe. Nor shall any person whatsoever, sit or vote in the Par-
oNSTiTDTioN ji^ment, till he hath that session subscribed these Fundamental Constitu-
tions, in a book kept for that purpose, by the clerk of the parliament.
7Dlh. In order to the due election of members, for the biennial Pai'lia-
ment, it shall be lawful for thefieeholdersof theiespective precincts to meet
the first Tuesday in September, every two years, in the same town or place
that they last met in, to choose parliament men ; and there choose those
members that are to sit the next November following; unless the steward
of the precinct, shall by sufficient notice, thirty days before, appoint
some other place for tlicii' meeting in order to the election.
76th. No act or order of Parliament shall be of any force, unless it be
ratified in open Parliament during the same session, by the Palatine or his
deputy, and three more of the Lords Proprietors or their deputies ; and
then not to continue longer in force, but until the next biennial Parliament,
unless in the mean time it be ratified under the hands and seals of the
Palatine himself, and three more of the Lords Proprietors, themselves,
and by their order published at the next biennial Parliament.
77th. Any Proprietor or his deputy may enter his protestation against
any act of the Parliament, before the Palatine or his deputy's consent be
given as aforesaid ; if he shall conceive the said act to be contrary to this
establishment, or any of these Fundamental Constitutions of the Govern-
ment. And in such case, after full and free debate, the several estates shall
retire into four several chambers, the Palatine and Proprietors into one ;
the Landgraves into anothe ; the Casiques into another ; and those cho-
sen by the Precincts into a fourth; and if the major part of any of the
four estates shall vote that the law is not agreeable to this establishment,
and these Fundamental Constitutions of the Government ; then it shall
pass no farther, but be as if it had never been proposed.
7Sth. The quorum of the Parliament shall be one half of those who are
members, and capable of sitting in the house, that present session of Par-
liament. The quorum of each of the Chambers of Parliament, shall be
one half of the members of that chamber.
79th. To avoid multiplicity of laws, which by degrees always change
the right foundations of the original government, all acts of Parliament
whatsoever, in whatsoever form passed or enacted, shall at the end of a
hundred years after their enacting, respectively cease, and determine of
themselves, and w^ithout any repeal become null and void, as if no such
acts or laws, had ever been made.
80th. Since multiplicity of comments, as well as of laws, have great
inconveniences, and serve only to obscure and perplex ; all manner of
comments and expositions, on any part of these Fundamental Constitu-
tions, or on any part of the common or statue laws of Carolina, are abso-
lutely prohibited.
81st. There shall be a registry in every precinct, wherein shall be en-
rolled all deeds, leases, judgements, mortgages, and other conveyances,
which may concern any of the lands within the said precmct ; and all such
conveyances, not so entered and registered, shall not be of force against
any person or party to the said contract or conveyance.
82d. No man shall be Register of any precinct, who hath not at least
three hundred acres of fi'eehold within the said precinct.
83d. The freeholders of every precinct shall nominate three men, out of
which three, the Chief Justice's Court shall choose and commission one
to be Register of the said precinct, whilst he shall well behave himself.
84th. There shall be a Registry in every Signiory, Barony and Colony,
wherein shall be recorded all the births, marriages and deaths that shall
happen within the respective Signiories, Baronies and Colonies.
OF .SOUTH CAROLINA. 53
8t5th. No man shall be Register of a Colony that hath not above fifty Locke'b
acres of freehold within the said colony. Constitution
86th. The time of every one's age, that is born in Carolina, shall be reck-
oned from the day that his birth is entered in the registiy, and not before.
87th. No marriage shall be; lawful, whatever contiact and ceremony
they have used, till both the parties mutually own it, before the Register
of the place where they were manied, and he register it, with the names
of the father and mother of each party.
88th. No man shall administer to the goods, or have a right to them, or
enter upon the estate of any person deceased, till his death be registered
in the respective registry.
89th. He that doth not enter, in the respective registry, the birth or
death of any person that is born, or dies, in his house or ground, shall
pay to the said Register one shilling per week for each such neglect,
reckoning from the time of each bitth or death respectively, to the time
of entering it in the register.
90lh. In like manner, the births, marriages, and deaths of the Lords
Proprietors, Landgraves and Casiques, shall be x-egistered in the Cham-
berlain's Court.
91st. There shall be in every colony, one Constable, to be chosen annu-
ally by the freeholders of the colony. His estate shall be above a hun-
dred acres of freehold within the said colony; and such subordinate officers
appointed for his assistance, as the county court shall find requisite, and
shall be established by the said county court. The election of the sub-
ordinate annual officers, shall be also in the freeholders of the colony.
92d. All towns incorporate, shall be governed by a Mayor, twelve Al-
dermen and twenty-four of the common Council. The said common
council shall be chosen by the present householders of the said town ; the
aldermen shall be chosen out of the common council, and the mayor out
of the aldermen, by the palatine's court.
93d. It being of great consequence to the plantation, that port towns
should be built and preserved; therefore whosoever shall lade or unlade
any commodity at any other place but a port town, shall forfeit to the
Lords propi-ietors, for each tun, so laden or unladen, the sum of ten
pounds sterling; except onlysuch goods as the palatine's courtshall license
to be laden or unladen elsewhere.
94th. The first port town upon every river, shall be in a colony, and be
a port town forever.
95th. No man shall be permitted to be a freeman of Carolina, or to have
any estate or habitation within it, that doth not acknowledge a God, and
that God is publicly and solemnly to be worshiped.
96th. (As the country comes to be sufficiently planted, and distributed
into fit divisions, it shall belong to the parliament to take care for the
building of churches and the public maintenance of divines, to be em-
ployed in the exercise of religion, according to the Church of England;
which being the only true and orthodox, and the national religion of all the
king's dominions, is so also of Carolina ; and therefore it alone shall be al-
lowed to receive public maintenance by grant of parliament.)
97th. But since the natives of that place, who will be concerned in our
plantation, are utterly strangers to Christianity, whose idolatry, ignorance
or mistake, gives us no right to expel or use them ill ; and those who remove
from othej- parts to plant there, will unavoidably be of different opinions,
concerning matters of religion, the liberty whereof they will expect to have
allowed them, and it will not be reasonable for us on this account to keep
them out; that civil peace may be obtained amidst diversity of opinions,
54 STATUTES AT LARGE
Locke's and our agreement and compact with all men, may be duly and
TiTUTioN f^it;iif^]]y observed ; the violation whereof, upon what pretence soever,
cannot be without great offence to Ahnighty God, and great scandal
to the true religion which we profess ; and also that Jews, Heathens and
other dissenters from rhe purity of the Chiistian religion, may not be
scared and kept at a distance from it, but by having an opportunity of ac-
quainting themselves with the truth and reasonableness of its doctrines,
and the peaceablcness and inoffensiveness of its professors, may by good
usage and persuasion, and all those convincing methods of gentleness
and meekness, suitable to the rules and design of the gospel, be won
over to embrace, and unfeignedly receive the truth ; therefore any seven
or more persons agreeing in any religion, shall constitute a church or pro-
fession, to which they shall give some name, to distinguish it from others.
98th. The terms of admittance and communion with any church or
profession, shall be written in a book, and thei-ein be subscribed by all
the members of the said church or profession ; which book shall be kept
by the public Register of the Precinct wherein they reside.
99th. The time of every one's subscription and admittance, shall be
dated in the said book or religious record.
100th. In the terms of communion of every church or profession,
these following shall be three, without which no agreement or assembly
of men, upon pretence of religion, shall be accounted a church or pro
fession within these rules.
Ist. " That there is a God."
2d. " That God is publickly to be worshipped."
3d. " That it is lawful, and the duty of every man, being thereunto
called by tliose that govern, to bear witness to truth ; and that every
church or profession shall in their terms of communion, set down the
eternal way whereby they witness a truth as in the presence of God,
whether it be by laying hands on or kissing the bible, as in the church
of England, or by holding up the hand, or any other sensible way."
101st. No person above seventeen years of age, shall have any benefit
or protection of the law, or be capable of any place of profit or honor,
who is not a member of some church or profession, having his name re-
corded in some one, and but one I'eligious record, at once.
102d. No person of any other church or profession shall disturb or mo-
lest any religious assembly.
103d. No person whatsoever, shall speak any thing in their religious
assembly irreverently or seditiously of the government or governors, or
of stale matters.
104th. Any person subscribing the terms of communion, in the record
of the said church or profession, before the precinct register and any five
members of the said church or profession, shall be thereby made a mem-
ber of the said church or profession.
105th. Any person striking his own name out of any religious record,
or his name being struck out by any officer thereunto authorized by such
church or profession respectively, shall cease to be a member of that
chui'ch or profession.
106th. No man shall use any reproachful, reviling, or abusive language
against any religion of any church or profession ; that being the certain way
of disturbing the peace, and of hindering the conversion of any to the truth,
by engaging them in quarrels and animosities, to the hatred of the profes-
sors and that profession which otherwise they might be brought to assent to.
OF SOUTH CAROLINA. 55
107tli. Since charity obliges us to wish well to the souls of all men, and , Ixickk's
religion ought to alt(>r nothing in any man's civil estate or i-ight, it j^hall^"""''''''^"''"'"'*
be lawful for slaves as well as others, to enter themselves and be of what
chuich or profession any ofthein shall think best, and thereof be as
fully members as any freeman. But yet no slave shall hereby be ex-
empted from that civil dominion his master hath over him, but be in all
things in the same state and condition he was in before.
lOSth. Assemblies upon what pretence soever of religion, not observ-
ing and performing the above said rules, shall not be esteemed as church-
es, but unlawful meetings, and be punished as other riots.
109th. No person whatsoever shall disturb, molest, or persecute ano-
ther, for his speculative opinions in religion, or his way of worship.
110th. Every freeman of Carolina, shall have absolute power and au-
thority over his negro slaves, of what opinion or religion soever.
111th. No cause, whether civil or criminal, of any freeman, shall be
tried in any court of judicature, without a jury of liis peers.
112th. No person whatsoever, shall hold or claim any land in Carolina,
by purchase or gift, or otherwise, from the natives or any other whatsoever;
but merely from and under the Lords Proprietors, upon pain of forfeiture
of all his estate, moveable or immoveable, and perpetual banishment.
113th. Whosoever shall possess any freehold in Carolina, upon what
title or grant soever, shall at the farthest, from and after the year one thou-
sand six hundred and eighty-nine, pay yearly unto the Lords Proprietors,
for each acre of land, English measure, as much fine silver as is at this pre-
sent time in one English Penny, or the value thereof, to be as a chief rent
and acknowledgement to the Lords Proprietors, their heirs and successors
forever. And it shall be lawful for the palatme's court, by their officers, at
any time, to take a new survey of any man's land, not to oust him of any
part of his possession, but that by such a survey, the just number of acres
he possesseth may be known, and the rent thereon due, may be paid by him.
114th. All wrecks, mines, minerals, quarries of gems and precious
stones, with pearl fishing, whale fishing, and one half of all ambergris, by
whomsoever found, shall wholly belong to the Lords Proprietors.
115th. All revenues and profits, belonging to the Lords Proprietors, in
common, shall be divided into ten parts, whereof the palatine shall have
three, and each proprietor one ; but if the palatine shall govern by a
deputy, the deputy shall have one of those three-tenths, and the palatine
the other two tenths.
116th. All inhabitants and freemen of Carolina, above seventeen years
of age, and under sixty, shall be bound to bear arms, and serve as sol-
diers, whenever the grand council shall find it necessary.
117th. A true copy of these Fundamental constitutions shall be kept in
a great book, by the register of every precinct, to be subscribed before
the said register. Nor shall any person of what degree or condition so-
ever, above seventeen years old, have any estate or possession in Carolina,
or protection or benefit of the law there, who hath not, before a precinct
register, subscribed these fundamental constitutions, in this form :
" I, A. B. do promise to bear faith, and true allegiance, to
** our sovereign Lord King Charles the second, his heirs
"and successors; and will be true and faithful to the Pala-
" tine and Lords Proprietors of Carolina, their heirs and
" successors ; and with my vitmost power, will defend them
" and maintain the government, according to this establish-
" mcnt in these fundamental Constitutions."
56 STATUTES AT LARGE
Locke's 118th. Whatsoever alien shall in this form, before any precinct Register,
oNSTiTUTioN g^l^^^^jj^g thesc fundamental constitutions, shall be thereby naturalized.
Il9th. In the same manner shall every person, at his admittance into
any office, subscribe these fundamental constitutions.
iJiOth. These fundamental constitutions, in number a hundred and
twenty, and every part thereof, shall be and remain, the sacred and unal-
tei'able form and rule of government of Carolina forever. Witness our
hands and seals, the first day of March, 1669.
RULES OF PRECEDENCY.
1st. The Lords Proprietors ; the eldest in age first, and so in order.
2d. The eldest sons of the Lords Proprietors ; the eldest in age first,
and so in order.
3d. The Landgraves of the grand council ; he that hath been longest of
the grand council first, and so in order.
4th. The Casiques of the grand council ; he that hath been longest of
the grand council first, and so in order.
5th. The seven Commoners of the grand council, that have been longest
of the grand council ; he that hath been longest of the grand coun-
cil first, and so in order.
6th. The younger sons of the Proprietors ; the eldest first, and so in order.
7th. The Landgraves ; the eldest in age first, and so in order.
8th. The seven Commoners, who next to those before mentioned have
been longest of the grand council ; he that hath been longest of
the grand council first, and so in order.
9th. The Casiques ; the eldest in age first, and so in order.
10th. The seven remaining Commoners of the grand council ; he that
hath been longest of the grand council first, and so in order,
11th. The male line of the Proprietors.
The rest shall be determined by the Chamberlain's Court-
OF SOUTH CAROLINA. 57
AN ACT
For Removing and Preventing all questions and disputes concerning
the assembling and sitting of this present assemblv of the set-
TLEMENT IN South Carolina. — (No. 423 Trott ; the original Act not
numbered.)
For pi-eventing all doubts and scruples which may in any wise arise,
conceriiing the meetini^, sitting and proceeding, of this present Assembly,
BE IT DECLARED AND ENACTED, by the Honourable James
Moore, Esq., Governour, by and with the advice and consent of the Councill
and Representatives of the inhabitants of the said settlement, now as-
sembled at Charlestown, and by the authority of the same, —
That the representatives of the said settlement convened at Charlestown
the seventeenth day of December, Anno Domini one thousand seven hun-
dred and nineteen, and there sitting together with the Councill, on the
twenty-first day following of the same month, are the two houses of As-
sembly of the said settlement, and so shall be, and are hereby declared,
enacted and adjudged to be, to all intents, constructions and purposes
whatsoever, notwithstanding any want of writ or writs of summons, or any
other defect of form or default whatsoever, as if they had been summoned
according to usuall form. And that this present Act, and all other Acts
to which the assent of the present Governour, the Hon. James Moore,
Esq., shall at any time be given before the next prorogation after the
said twenty-first day of December, shall be understood, taken and ad-
judged in law, to begin and commence upon the said twenty-first day of
December, on which day the said James Moore, Esq., at the request and
by the advice of the said Councill and Representatives, did on the behalf
and in the name of his Majestye King George, accept of the govern-
ment of the said settlement.
I do on his Majestye's behalfe, assent to this Act, this 23d December,
Anno Domini 1719.
JAMES MOORE.
VOL. I.— 8.
68 STATUTES AT LARGE
AN ACT
For Supporting the present Government under the Administration
OF the Honourable James Moore, Esq., the present Governour of
THE same, or any SUCCEEDING GoVERNOUR, AnNO DoMINI, 1720,
WHEREAS, by reason of the ILL-GOVERNMENT and MALE
ADMINISTRATION of the Proprietors of this Settlement and their Offi-
cers, more at large sett forth in a general representation of the grievances
of the inhabitants, to his most sacred Majestie King George, and to the
Parliament of Great Britain, and by reason of the inability and incapacity
of the said Proprietors to protect or defend this colony from the continual
massacies and insults of our enemy Indians, or the invasions of foreign
enemies ; they the said inhabitants have been driven to so great extremi-
ties, that no ordinary means could be, were or can be sufficient to extri-
cate themselves from the evils aforesaid :
WHEREFORE the said inhabitants, taking into their consideration
their calamitous circumstances, and for the preservation of their lives and
estates, according to the supreme law of Nature ; and the duty they owe unto
their said sovereign Lord the King, to prevent the desertion of the people,
and to save so noble a colony from falling into the hands of his Majestie's
enemies, did, with one heart and voice, renounce the said Proprietors, and
every of them, their heirs and successors, and did unanimously elect the
Honourable James Moore, Esq. to be Governour of this settlement, for
and on his Majestie's behalfe.
AND WHEREAS the said James Moore, as Governour, and for the
due and regular Government of the said settlement, and the Preservation
of his Majestie's peace, and the better to oppose and withstand our said
enemies, did constitute and appoint divers officers, both civil and military,
until his Majestie's pleasure should be known in this behalfe.
We therefore humi)ly pray his most sacred Majestie, that it may be enact-
ed, AND BE IT THEREFORE ENACTED, by the said Honourable
James Moore, Esq. Governour for and in his Majestie's name, and by and
with the advice and consent of the representatives of the said inhabitants
of the said settlement, now met at Charlestown, that as well he the said
James Moore, Governour, as also all persons aiding in this present General
Assembly, and other officers and ministers, civil and military, whatsoever,
created or to be created Viy him, the said James Moore, and acting under
his authority, or made, created, or continued by a General Convention of
the said inhabitants, or made, created or continued by the present General
Assembly, or by the now Commons House of A«sembly, by force or virtue
of any law or custom of this province, at any time in force before the said
lale revolution of this settlement Be, and are hereby confirmed in their
respective offices, and so shall continue and be untill his Majestie shall see
fitt to remove or displace the same, unless the said .James Moore, Gover-
nour, or any other succeeding Governour, shall see cause in the mean
time to remove an^ of them, pursuant to any power invested in the said
James Moore, or the succeeding Governour, in that behalf.
And he it farther enacted by the authority aforesaid, in 7-egard of the
exigency of the said affiiirs. That all acts and proceedings whatsoever, had
and to be had, and done by the said Convention, Governour and Assembly,
OF SOUTH CAROLINA. 59
or by any officers, persons, and Ministers whatsoever, deriving any au- v_^^^/-~^^^
thority under them, shall and are hereby declared to be good, valid and
effectual in the law, to all intents and purposes whatsoever, as if they
and every of them had been sufficiently authorized thereunto, unless his
most sacred Majestie, or the Parliainent of Great Britain, or the Gene-
ral Assembly of this settlement for the time being, do and shall expressly
repeal, revoke, or annull the same: And all parties concerned in the said
late Revolution in this settlement or in the said Government of affairs as
aforesaid, shall be and are hereby justified and indemnified.
And Be it farther enacted by the authority aforesaid, That all actions,
prosecutions and suits, hereafter to be had, commenced or brought against
any of the officers, ministers or persons aforesaid, on account ot the pre-
mises, without especial and express leave given by his said Majestie in
that behalf, shall and are hereby deemed null and void ; And moreover,
also, that all and every person sued or prosecuted on account of the
premises, may plead the Cfeneral Issue, and give this Act and the special
matter, in evidence: And if the plaintiff shall become non-suited, or for-
bear further prosecution, or suffer discontinuance, ora verdict pass against
him, the said defendant shall recover his double costs, for which he shall
have the like remedy as in case where costs by law are given to de-
fendant.
Assented to, the 17th June, 1720.
JAMES MOORE.
60 STATUTES AT LARGE
ANNO SECUNDO GEORGII 11. REGIS.
Ch. 34. ANNO DOMINI 1729.
AN ACT,
For establishing an Agreement with seven of the Lords Proprie-
tors OF Carolina, for the Surrender of their Title and Interest
IN that Province to his Majesty.
Pr bl Whereas his late Majesty King Charles the second, by his letters patent
reciting the first under the great seal of Great Britain, hearing date at Westminster, in the
Patent. fifteenth year of his reign, did grant and confirm unto Edward, then Earl of
Clarendon, George, then Duke of Albemarle, William, then Lord Craven,
John, then Lord Berkley, Anthony, then Lord Ashley, Sir George Carte-
ret, Knight and Baronet, Sir William Berkley, and Sir John Colleton, Knt.
and Baronet, all since deceased, their heirs and assigns, all that Territory
or tract of ground, situate, lying and being within his said late Majesty's
dominions in America, extending from the North end of the island called
Luckar island, which lieth in the Southern Virginia seas, and within six
and thirty degrees of the Northern latitude, and to the West as far as the
South seas, and so southerly as far as the river St. Matthias, which bordereth
upon the Coast of Florida, atid within one and thirty degrees of Northern
latitude, and so West in a direct line as far as the South seas aforesaid, toge-
ther with all and singular ports, harbours, bays, rivers, isles and islets, be-
longing unto thecountiy aforesaid, and also all the soil, lands, fields, woods,
mountains, farms, lakes, rivers, bays and islets, situate^ or being within the
bounds or limits aforesaid, with the fishing of all sorts of fish, whales and
sturgeons, and all other royal fishes, in the seas, bays, islets and rivers within
the premises, and the fish therein taken, and moreover all veins, mines,
quarries, as well discovered as not discovered, of gold, silver, gems and
precious stones, and all other whatsoever, whether of stones, metals or any
other thing whatsoever, found or to be found, within the country, isles, and
limits aforesaid, and also the patronages and advowsons of all churches and
chappels, which as Christian religion should increase within the countiy, isles,
islets and limits aforesaid, should happen thenafter to be erected, together with
license and power to build and found churches, chappels and oratories, incon-
venient and fit places, within the said bounds and limits, and to cause them to
be dedicated and consecrated, according to the Ecclesiastical laws of the
Kingdom of England, together with all and singular the like and so ample
rights, jurisdictions, priviledges, royalties, prerogatives, liberties, immunities
and franchises of whatkmd soever, within the country, isles, and limits afore-
said, to have, use, exercise, and enjoy, and in as ample manner as any
Bishop of Durham in the Kingdom of England, ever thentofore had, held,
used or enjoyed, or of right ought or could have, use or enjoy; and his
said late Majesty did thereby for himself, his heirs and successors, make,
create, and constitute the said Edward, Earl of Clarendon, George, Duke
of Albemarle, William, Lord Craven, John, Lord Berkley, Anthony, Lord
Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton,
their heirs and assigns, the true and absolute Lords and Proprietors of the
OF SOUTH CAROLINA. 61
country aforesaid, and all others the premises, (saving as therein is \"J,^,*^EJ^
mentioned,) to have, hold, possess, and enjoy, the said country, isles, islets, ^f the
and all and singular, other the premises, to tliem the said Edward, Earl of Proprietary
Clarendon, George, Duke of Albemarle, William, Lord Craven, John, ^^^;^^,
Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir William
Berkley, and Sir John Colleton, their heirs and assigns forever, to be
holden of his late said Majesty, his heirs and successors, as of his mannor
of East Greenwich in the county of Kent, in free and common soccage,
and not in capite, or by knight's service : And whereas, his late said Majesty
King Charles the second, by other letters patent, under the great seal of
England, beaiing date the thirtieth day of June, in the seventeenth year
of his Reign, rccnting the letters patent herein first recited, did grant unto
the said Edward, Earl of Clarendon, George, Duke of Albemarle, William, Second Patent.
Lord Craven, then Earl of Craven, John, Lord Berkley, Anthony, Lord
Ashley, Sir George ('arleret. Sir John Colleton, and Sir William
Berkley, their heirs and assigns, all that Province, territory or tract of
ground, situate, lying, and being within his said late Majesty's Dominions
of America, extending North and Eastward, as far as the North end of
Carahtuke River or Gullet, upon a strait Westerly line to Wyonake
Creek, which lies within or about the degrees of thirty six and thirty
minutes North Latitude, and so West in a direct line as far as the South
Seas, and South and Westward, as far as the degrees of twenty-nine inclusive,
Northern latitude, and so West in a direct line, as far as the South Seas,
together with all and singular ports, harbours, bays, rivers and islets
belonging unto the Province or Territory aforesaid, and also all the soil,
lands, fields, woods, farms, lakes, rivers, bays or islets situate orbeing within
the bounds or limits aforesaid last before, with the fishing of all sorts offish,
whales, sturgeons, and all other royal fishes in the seas, bays, islets, and
rivers, within the Premises, and the fish therein taken, together with the
royalty of the sea upon the coast, within the limits aforesaid, and all veins,
mines and quarries, as well discovered as not discovered, of gold, silver,
gems and precious stones, and all other whatsoever, be it of stones, metals,
or any other things, found or to be found, within the Province, territory,
islets and limits aforesaid, and furthermore the patronages and advowsons
of all churches and chappels, which as Christian religion should increase
within the Province, territory, isles and limits aforesaid, should happen
thenafter to be erected,together with license and power to build and found
churches, chappels, and oratories in convenient and fit places within the
said bounds and limits, and to cause them to be dedicated and consecrated
according to the Ecclesiastical laws of the Kingdom of England, together
with all and singular the like, and as ample rights, jurisdictions, priviledges,
prerogatives, royalties, liberties, immunities and franchises of what kind
soever, within the teriitories, isles, islets, and limits aforesaid, to have,
hold, use, exercise and enjoy the same, as amply and fully and in as ample
manner, as any Bishop of Durham in the Kingdom of England ever
thentofore had, held, used or enjoyed, or of right ought or could have, use
or enjoy ; and his said late Majesty, did thereby for himself, his heirs and
successors, make, create, constitute and appoint them the said Edward,
Earl of Clarendon, George, Duke of Albemarle, William, Earl of Craven,
John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir
John Colleton, and Sir William Berkley, their heirs and assigns, the true
and absolute Lords and Proprietors of the said Province or territory, and
of all other the premises, (saving as therein is mentioned,) to have, hold,
possess and enjoy the said Province, territory, islets, and all and singular
other the premises, to them the said Edward, Earl of Clarendon, George,
62
STATUTES AT LARGE
Act for
surrender
OF THE
Proprietary
TITLE.
Present
Proprietors.
Duke of Albemarle, William, Earl of Craven, John, Lord Berkley, Anthony,
Lord Ashley, Sir George Carteret, Sir John Cc^lleton and SirWilHam Berk-
ley, their heirs and assigns forever, to be holden of his said Majesty, his heirs
and successors, as of his mannor of East Greenwich aforesaid, in free and
common soccage, and notin caj3ite,orby Kniglit'sservice.asinand bythesaid
several late recited letters patent, relation being thereunto had, may appear;
And whereas, the part, share, interest and estate of the said Edward, late Earl
of Clarendon, of and in the Provinces, territories, islets, hereditaments and
premises, in and by the said several recited letters patent granted and
comprised, is now come unto and vested in the Honorable James Bertie,
of the Parish of St. John the Evangelist, in the liberty of Westminister,
in the county of Middlesex, Esquire, of his own Right ; and the part, share,
interest, and estate, of the said George, late Duke of Albemarle, of and in
tlie same premises, is come unto and vested in the most noble Henry now
Duke of Beauford, and in the said James Bertie, and the Honourable
Dodmgton G:eville, of Bulford, in the county of Wiltz, Esquire, the two
surviving Devisees, named in the will of the most noble Henry late Duke
of Beauford, in trust for the present Duke of Beauford, and for the right
honourable Charles Noell Somerset, his brother, an infant ; and the part,
share, interest, and estate of the said William, late Earl of Craven, of and
in the same premises, is come unto and vested in the right Honourable
William now Lord Craven ; and the part, share, interest and estate, of
the said John late Lord Berkley, of and in the same premises, is now come
unto and vested in Joseph Blake, of the Province of South Carolina, in
America, Esquire ; and the part, share, interest and estate of the said An-
thony, late Lord Ashley, of and in the same premises, is now come unto and
vested in Archibald Hutcheson, of the Middle Temple, London, Esquire,
(in trust for John Cotton of the Middle Temple, London, Esquire,) and
the part, share, interest and estate of the said late Sir John Colleton, of
and in the said premises, is now come unto and vested in Sir John Colleton,
of Exmouth, in the county of Devon, Baronet ; and the part, share, interest
and estate of the said late Sir William Berkley, of and in the same premises,
is now come unto and vested in the Honourable Henry Bertie, of Dorton,
in the county of Bucks, Esquire, or in Mary Danson, of the Parish of St.
Andrews, Holboume, in the county of Middlesex, Widow, or in Elizabeth
Moor, of London, Widow, some or one of them ; and the said Henry
now Duke of Beauford, and the said James Bertie and Dodington Greville,
as trustees in manner aforesaid, some or one of them, is or are seized in
fee of and in one full undivided eighth part, (the whole into eight equal
parts to be divided) of the premises, in and by the said recited letters
patent, granted andcomprized; and the same James Bertie, in his own Right,
is now seized in fee, or of soi. e other estate of inheritance, of and in one
other full undivided eighth part ; and each of them the said William Loi'd
Craven, Joseph Blake, Archibald Hutcheson, as trustee for the said John
Cotton, Sir John Colleton, and the said Henry Bertie, Mary Danson,
and Elizabeth Moor, some or one of them, is or are respectively seized in
fee, or of some other estate of inheritance, of and in one other full un-
divided eighth part, of and in the said Provinces, territories, and premi-
ses, islands, and hereditaments; the remaining eighth part or share of and
in the said Provinces, territories and premises, which formerly belonging
to the said Sir George Carteret, being now vested in the right Honourable
John Lord Carteret, Baron of Hawes, his majesty's Lieutenant Gene-
ral and Governour of the Kingdom of Ireland ; And whereas, by a
Judgement or Order of the House of Lords, made the twenty-seventh
day of March, last past, upon the appeal of the said Mary Danson, Widow
OF SOUTH CAROLINA. 63
of John Danson, Esquire, deceased, from a decree of the high Court of Act for
Chancery, made the seventh day of November one thousand seven hundred '"^^ y/,lr
and twenty-one, and from a subsequent ojder of the fifteelh day of Janu- Proprietart
ary, one thousand, seven hundred and twenty-three, it was ordered and
adjudged, that the said decree and subsequent order, complained of in
the said appeal, should be reversed ; and it being offered on the part of the
appellant, to pay the respondent, the said Henry Bertie, the money that he
paid for the purchase of the Proprietorship, in question in the said cause,
together with interest for the same, it was thereby fuither ordered, that the
Court of Chancery should direct and cause an enquiry to be made, what
was the principal sum of such purchase money, and from the time of
payment thereof, to compute the interest for the same ; and on the appel-
lant's payment of what shall be found due for such princij)al money and
interest, to the said Henry Bertie, it was further ordered and adjudged,
That he shall convey the said Proprietorship, to her and her heirs, and also
that the respondent Elizabeth Moor, should likewise by proper conveyan-
ces, at the charge of the appellant, convey all her Right to the said
Proprietorship, to the appellant, and her heirs; And whereas, since the Grants made by
making of the said recited several letters patent, the Lords Proprietors of the Proprietors,
the Provinces and Territories aforesaid,for the time being, have made divers
grants and conveyances, under their common seal, of several Offices, and
also of divers parcels of land, situate within the said Provinces and
territories, to several persons, under certain quit-rents, or other rents,
thereby respectively reserved, and subject to seveial conditions, limitations
or agreements, for avoiding or determining the estates of the Grantees
therein mentioned, some of which may have become forfeited, and have
also made divers grants of several Baronies, or large tracts of land, lying
within the said Provinces or Territories, unto and for the use and benefit of
several of the Lords Propi'ietors, or those under whom they claim to be
held and enjoyed by them and their heirs in severalty ; eight of which
Baronies, so granted as aforesaid, do now remain vested in the said Henry
now Duke of Beauford, or in the said James Bertie and Dodington
Greville, as trustees for the purposes aforesaid, or in some or one of them ;
eight other of the said Baronies in the said William Lord Craven ; six of
the said Baronies in the present Sir .John Colleton; six other Baronies in
the said Archibald Hutcheson, (as trustee for the said John Cotton ;) and
six other Baronies in the said Joseph Blake; each of the said Baronies
containing or being mentioned or intended to contain twelve thousand
acres of land, or thereabouts, except one of the said Baronies now vested
in the said William Lord Craven, which contains, or is mentioned to
contain eleven thousaiid acres of land or thereabouts ; And whereas, the
said Henry, now Duke of Beauford, Williai ., Lord Craven, James Beitie,
Henry Bertie, Sir .Tohn Colleton, and Archibald Hutcheson, (who is Proposals of
trustee for the said John Cotton, as aforesaid,) being six of the present ^l*'"''!?."'^^'" '°
Lords Proprietors of the Province and territory aforesaid, have by their
humble petition, to his Majesty in Council, offered and proposed to surren-
der to his Majesty, their said respective shares and interests, not only of
and in the said Government, Franchises and Royalties, in and by the said
recited letters patent granted, but also all the right and property they have
in and to the soil in the aforesaid Provinces or territories, under the said
several recited letters patent, or either of them ; and also did further
propose to make an entire surrender to his Majesty of their right to all the
lands which they hold under the said grants, made by the Lords Proprie-
tors as afoiesaid, (except only one Barony, belonging to the present Sir Exception.
John Colleton, which hath been settled and improved by his son) and also
Conditions of
64 STATUTES AT LARGE
Act for all their right and interest in all lands, granted and conveyed to other
^" oF^TffE^''^ persons as aforesaid, which, by not being improved within the time limited
pRopniETARY in the said grants or conveyances, or for any other reason, would revert to
them, praying ; That in consideration of such surrender, his Majesty would
be pleased to direct, and to cause to be paid to each of them, the said
Henry Duke of Beauford, William Lord Craven, James Bertie, Henry
sur'render'to' Bertie, Sir John Colleton, and Archibald Hutcheson, the sum of two
the King. thousand five hundred poundsa-piece, without any deduction ; And whereas,
Samuel Wragg, of London, Merchant, being duly authorized by letter of
Attorney, under the hand and seal of the said Joseph Blake, bearing date
the eleventh day of July, one thousand seven hundred and twenty-eight,
hath proposed for and on the behalf of the said Joseph Blake, to surrender
and convey unto his Majesty, his heirs and sucessors, all the estate, right
and interest of the said Joseph Blake, in and to the premises, upon payment
of the like sum of two thousand five hundred pounds, to the said Joseph
Blake, without any deduction ; And whereas, they the said Henry, Duke of
Beauford, William, Lord Craven, James Bertie, Henry Beitie, Sir John
Colleton and Archibald Hutcheson, who is a trustee for the said John Cotton
as aforesaid, have laid before a Committee of the Lords of his Majesty's most
honourable privy council, an estimate of all the Arrears of quit rents and other
rents, and sum and sums of money now due and owing to rhem and the said Jo-
seph Blake, and to the said John, Lord Carteret, which estimate, as computed,
amounts to the sum of nine thousand five hundred pounds; and they the
said Henry, Duke of Beauford, W^illiam, Loid Craven, James Bertie,
Henry Bertie, Sir John Colleton, and Archibald Hutcheson, have likewise
humbly pj-oposed ; That if his Majesty would please to allow the sum of
five thousand pounds for the said arrears, (over and above the said several
sums of two thousand five hundred pounds, to paid to them respectively)
they wei"e willing to assign and make over to his Majesty, the right and
title to the said arrears, and all other demands whatsoever, which they
have or can have, upon the farmers, tenants or inhabitants of the Provinces
or territories aforesaid, or of any of them ; And whereas, the said Samuel
Wragg, for and on the behalf of the said Joseph Blake, hath proposed to
assign to his Majesty, all the right and interest of the said Joseph Blake,
in and to the said arrears and demands, upon the terms aforesaid ; And
whereas his Majesty, taking into his royal consideration the great impor-
tance of the said Provinces and territories, to the trade and navigation of
this kingdom, and being desirous to promote the same, as well as the
welfare and security of the said Provinces and territories, by taking them
under the more immediate Government of his Majesty, his heirs and
successors, hath been graciously pleased to accept of the said several pro-
posals, and to agree to the same, with such variations as are hereinafter
mentioned ; And whereas, from the nature of the respective estates and
interests, proposed and agreed to be surrendered to his Masjesty as aforesaid,
great difficulties may arise in the manner of conveying the same, and it is
just and necessary that the parts and shares of the said Provinces and
territories, so proposed and agreed to be surrendered, should be secured,
to his Masjesty, his heirs and successors, which cannot effectually be done
and attained without the authority of Parliament ; BE IT ENACTED,
by the King's most excellent Majesty, by and with the consent and advice
of the Lords spiritual and temporal, and Commons in this present Parlia-
ment assembled, and by the authority of the same, that all those seven un-
divided eighth parts, (the wholeinto eight equal partsorshares to be divided)
and all other the part or share, parts or shares, interest and estates of them
the said Henry Duke of Beauford, William Lord Craven, James Bertie,
OF SOUTH CAROLINA. Co
Dodington Greville, Henry Bcrtio, Mary Danson and Elizabeth Moor, Act for
Sir John Colleton, Archibald Hutchcson, as trustee for the said John ^p !p'„'g
Cotton, and Joseph Blake, and each of them, of and in the aforesaid Propriktary
Provinces or territories, calhid Carolina, and all and singular the royalties, title.
franchises, lands, tenement's, and hereditaments and premisses, in and by
the said several recited letters patent, or either of them, granted or men-
tioned or intended to be granted, by his s;ud late Majesty, King Charles
the second, to the said l<]d\vard, Earl of ('larcndon, George, Duke of
Albemarle, William, Earl of Craven, John, Lord l^erkley, Anthony, Lord
Ashley, Sir George Carteret, Sir John Colleton, deceased, and Sir William
Berkley, and their heirs and assigns, as aforesaid, with their and every of
their rights, members, and appurtenances, and also all such powers,
liberties, authorities, jurisdictions, preeminences, licenses, and pm-iledges,
as they the said Henry, Dviko of Beauford, William, Lord Craven, James
Bertie, Dodington Greville, Henry Bertie, Mary Danson, Elizabeth Moor,
the present Sir John Colleton, the said Archibald Hutcheson, as trustee for
the said John Cotton, and Joseph Blake, every or any of them, can or
may have, hold, use, exercise or enjoy, by virtue of, or under the said
recited letters patent, or either of them, and also all and singular Baronies,
tracts, and parcels of land, tenements and hereditaments, which they the
said Henry, Duke of Beauford, AVilliam, Lord Craven, James Bertie,
Dodins:ton Greville, Henry Bertie, Mary Danson and Elizabeth Moor,
the present Sir John Colleton, the said Archibald Hutcheson, as trustee
for the said John Cotton, and Joseph Blake, any or either of them, are or
is seized or possessed of, or entitled unto, within the said Provinces or
territories; except all such tracts of land, tenements and hereditaments, as Exceptic
have been at any time before the first day of January, one thousand, seven
hundred and twenty seven, gi'anted or conveyed by, or comprised in any
grants, deeds, instruments or conveyances, under the common seal of the
said Lords Proprietors, either in England, or in the Provinces aforesaid;
and also, except all such plantations and lands as are now in the possession
of the said Joseph Blake, his under tenants or assigns, by virtue of grants
fonnerly made by the said Lords Proprietors of the said Provinces, for the
time being, to other persons, and since conveyed to, or vested in the said
Joseph Blake ; And also, except all that Barony and tract of land con-
taining twelve thousand acres or thereabouts, the possession Avhereof hath
some time since been delivered by the present Sir John Colleton, unto
Peter Colleton, Esquire, his second son ; and all that other Barony or
tract of land, containing twelve thousand acres or thereabouts, some time
since conveyed by Sir John TyiTel, Baronet, (formerly owner of the said
eighth part or share now belonging to the said Archibald Hutcheson, as
trustee for the said John Cotton,) to William Wight, Esq. and his heirs :
Provided, that the before mentioned exceptions or any of them, shall not
include or extend to any lands, comprised in any grant orgi'ants, made either
in England or Carolina, under the common seal of the Lords Proprietors for
the time being, which since the making such gi'ant or gi'ants, have become
foifeited by virtue of any clauses contained therein, or to any of the
Baronies, herein before recited or mentioned to be still remaining and
vested in the said Henry, Duke of Beauford, and in the said James Bertie
and Dodington Greville, as trustees, some or one of them, and in the said
William, Lord Craven, the present Sir John Colleton, and the said Archibald
Hutcheson, as trustee for the said John Cotton, respectively, nor to any
rents, services, seigniories, or rights to escheats, rcseiTed upon, or incident
to any such grant or grants, or any lands or estates thereby gianted, all
such forfeited lands, and all such rents, seigniories, and rights of escheat,
VOL. L— 9.
66 STATUTES AT LARGE
Act for reserved upon or incident to any such grant or gi'ants, or any lands and
^"oi^ Tiiif "^ estates thereby granted, and also the Baronies last before mentioned, being
Proprietary hereby intended to be vested in the persons, and for the purposes here-
TiTLE inafter mentioned, and the reversion and reversions, remainder and
'^"^"V'"^.^ remainders, yearly, and other rents, issues, and profits, of the same parts
or shares. Baronies, Lands, tenements, hereditaments and premises, so as
aforesaid proposed and agreed to be surrendered to his Majesty, and of
every part and pai'cel thei-eof ; and also all the estate, title, interest, trust,
property, right of action, right of entry, claim and demand whatsoever, of
them the said Henry, Duke of Beauford, William, Lord Craven, James
Bertie, Dodington Greville, Henry Bertie, Mary Danson and Elizabeth
Moor, the present Sir John Colleton, the said Archibald Hutcheson, John
Cotton and Joseph Blake, and each of them, of, in, unto or out of the same,
every or any part and jjarcel thereof, by virtue of the said several recited
letters patent, or either of them, or of any grant, assignment, conveyance,
or assurance, made under, or by force of the same recited letters patent, or
either of them, or otherwise howsoever, shall, from and after the first day
of June, one thousand seven hundred and twenty nine, be vested and
settled, and the same are hereby vested and settled, in and upon Edward
TruS foThi^s ^^^"^^^ °^ Gray's Inn, in the county of Middlesex, Samuel Horsey of the
^lajesty?"^ '^ Parish of St. Martins in the fields, in the county of Middlesex, Henry
Smith of Caversham, in the county of Oxon, and Alexius Clayton, of the
Middle Temple, London, Esquires, to the only use of them the said
Edward Bertie, Henry Smith, Samuel Horsey, and Alexius Clayton, their
heirs and assigns, freed and discharged and absolutely acquitted, exempted
and indemnified, of and from all estates, uses, trusts, intails, reversions,
remainders, limitations, charges and incumbrances, titles, claims, and
demands whatsoever ; But nevertheless upon trust, and to the intent that
they the said Edward Bertie, Samuel Horsey, Henry Smith, and Alexius
Clayton, and the survivor or the survivors of them, and the heirs of such sur-
vivor, upon payment by his Majesty, his heirs or successors, to the said
EdwardBertie, Samuel Horsey, Henry Smith, and Alexius Clayton, orto the
Survivors or to the survivor of them, or the executors or administrators of
The sum to be such sui-A'ivor, of the sum of seventeen thousand, five hundred pounds, free
ailvanced by bis and clear of all deductions, on or before the twenty ninth day of Septem-
i lajesty. \,eY, in the year of our Lord, one thousand, seven hundred and twenty nine,
shall and do, by deed, indented, and to be enrolled in his Majesty's high
Court of Chancery, suiTender, convey, and assure unto his Majesty, his
heirs and successors, all and singular, the said seven eighth parts or
shares, (the whole into eight equal parts to be divided) and all other the
parts or shares, interest and estates, of and in the aforesaid Provinces or
territories, and all and singular the premises, hereby vested in them the
said Edward Bertie, Samuel Horsey, Henry Smith, and Alexius Clayton,
and their heirs as aforesaid, which said sum of seventeen thousand five
hundred pounds, they the said Edward Bertie, Samuel Horsey, Henry
Smith, and Alexius Clayton, the survivors or the sui-vivor of them, or the
executors and administrators of such survivor, shall immediately after
receipt thereof, pay, apply, and dispose of in manner hereinafter
mentioned ; That is to say, the sum of two thousand five hundred pounds,
part thereof, to the said James Bertie and Dodington Greville, trustees as
aforesaid, or to the survivor of them, or to the executors or administrators
of such survivor ; two thousand five hundred pounds, other part thereof,
to the said William, Lord Craven, his executors and administrators ; two
thousand five hundred pounds, other part thereof, to the said James
Bertie, of his own right, his executors or administrators ; two thousand
OF SOUTH CAROLINA. 67
five hundred pounds, other i)art thereof, unto such person or persons, and ^^^"^ ^°^
1X1 such shares and proportions as tlie same, accordnig to the tenor, purjiort, qj, ,j,„j.
nnd true meaning of the said order or judgement of tlie House of Lords, Propriktakv
■ought to be paid and appUed ; two thousand five hundred pounds, other part title.
thereof, to the said Sir J ohn Colleton, his executors oi- administrators ; two ^^'^v^^*^
thousand five hundred pounds, other part thereof, to the said John Cotton,
his executors or administrators ; and two thousand five hundred pounds,
the residue thereof, to the said Samuel Wragg, for the use of the said
Joseph Blake, or to the said Joseph Blake, his executors or adminis-
trators.
AND BE IT FURTHER ENACTED, by the authority aforesaid, The property
that from and after payment of the said sum of seventeen thousand five ^lajestv'afier
hundred pounds, to the said Edward Bertie, Samuel Horsey, Heniy Smith, payment
"and Alexius Clayton, the survivors or the sui-vivor of them, or the executors or
administrators of such survivor, and after the execution of the said surren-
der and conveyance to his Majesty, his heirs and successors, hereby directed
to be made as aforesaid, his Majesty, his heirs and successors, shall have,
hold, and enjoy, all and singvilar the said seven eighth parts or shares, (the
whole into eight equal parts to be divided) and all other the parts or shares,
interests and estates, of and in the aforesaid Provinces or territories, and
all and singular the premises hereby vested in them the said Edward Bertie,
Samuel Horsey, Henry Smith, and Alexius Clayton, and their heirs as
aforesaid, freed and discharged, and absolutely acquitted, exempted and
indemnified of, from and against all estates, uses, trusts, intails, reversions,
remainders, limitations, charges, incumbrances, titles, claims and demands
whatsoever.
AND BE IT FURTHER ENACTED, by the authority afore- Arrears of Quit
said, that seven eighth parts, (the whole into eight equal parts to be menrof^DOuo
divided) of all and every the said aiTears of quit rents, and other rents, to be assiirnod
sum and sums of money, debts, duties, accounts, reckonings, claims, and to ''"^ iving.
demands whatsoever, now due and owing to them the said Henry, Didve
of Beauford, or to the said James Bertie and Dodington Greville, trustees
as aforesaid, and to the said John, Lord Carteret, William, Lord Craven,
James Bertie in his own right, Henry Bertie, Mary Danson and Elizabeth
JNIoor, Sir John Colleton, Archibald Hutcheson, John Cotton or Joseph Blake,
or any of them, (whether the same be more or less, than is compvited as afore-
said) andalland everyother parts or shares, of the said Henry, Duke ofBeau-
ford, James Bertie and Dodington Greville, trustees as aforesaid, AVilliam,
Lord Craven, James Bertie in his own right, Henry Bertie, Mary Danson
and Elizabeth Moor, Sir John Colleton, Archibald Hutcheson, John '
Cotton, and Joseph Blake, or any of them, of or in the said arrears, or
which the^ or any of them, their or any of their heirs, executors, admin-
istrators or assigns, now have, or can or may have, claim, challenge or
demand of or from the farmers, tenants and inhabitants, of the Provinces
or territories aforesaid, or any part thereof, or any of them, shall, from
and after the said first day of June, in the year of our Lord, one thousand
seven hundred and twenty nine, be vested in the said Edward Bertie,
Samuel Horsey, Henry Smith, and Alexius Clayton, the survivors and
survivor of them, and the execiitors or administrators of such survivor,
upon trust, and to the intent that they the said Edward Bertie, Samuel
Horsey, Henry Smith, and Alexius Clayton, the survivors or the sun'ivor of
them, and the executors and administrators of such survivor, shall, upon
payment by his INIajesty, his heirs and successors, of the sum of five thou-
sand pounds of lawful money of Great Britain, free and clear of all
deductions, on or before the said twenty ninth day of September, in the
68 STATUTES AT LARGE
Act for said year, to the said Edward Bertie, Samuel Horsey, HeniT Smith, and
SURRENDER A 1 • m 4. 4.1 • 4.I • C ^1 ^^
OF THE Alexius Clayton, the survivors or the survivor oi them, or the executors or
Proprietary administrators of such survivor, by deed indented and to be enrolled in his
TITLE, Majesty's High Court of Chancery, gi-ant and assign to his Majesty, his
'^"^'^V^-^ heirs and successors, all and every the said seven eighth parts or shares,
(the whole into eight equal parts or shares to be divided) and all other
parts or shares of the said arreai's, hereby vested in them the said Edward
Bertie, Samuel Horsey, Henry Smith, and Alexius Clayton.
And whereas, the said Henry, Duke of Beauhjrd, William, Lord Cra-
ven, James Bertie, Henry Bertie, Mary Danson, Dodington Greville, Sir
John Colleton, John Cotton and Joseph Blake, are desirous that the said
sum of five thousand pounds should be applied in manner hereinafter
mentioned,
BE IT FURTHER ENACTED, by the authority aforesaid, that the
Tlie 5000 *^^"^ of five thousand pounds, after receipt thereof, shall be issued and
Pounds, how to paid by the said Edward Bertie, Samuel Horsey, Henry Smith, and Alexius
be applied. Clayton, or the survivors and survivor of them, and the executors and
administrators of such survivor, to such of the ofiicers, agents or sei-vants
of the Lords Proprietors, or to such other person or persons, and for such
purposes as the said Henry, Duke of Beauford, William, Lord Craven,
James Bertie, Henry Bertie, Mary Danson, Sir John Colleton, John
Cotton, and Joseph Blake, their executors or administrators, or any four or
more of them, (the executors or administrators of each of ihem to be
accounted only as one) shall by writing or writings, under their hands, from
time to time direct and appoint.
AND BE IT FURTHER ENACTED, by the authority aforesaid,
After payment that from and after payment of the said sum of five thousand pounds, unto
vested'^hi^liis ^^^^ ^'^^^ Edward Bertie, Samuel Horsey, Henry Smith and Alexius Clay-
Majesty, ton, the survivors or the survivor of them, or the executors or administra-
tors of such survivor, and after the execution of the said grant and assign-
ment of the said parts or shares, of the said arrears, hereby directed to be
made as aforesaid, his Majesty, his heirs and successors, shall and may have,
receive and enjoy the said seven eighth parts or shares (the whole into eight
equal parts to be divided) and all and every other ]3arts and shares of the
said arrears of quit rents, and other rents, sum and sums of money, debts,
duties, accounts, reckonings, claims and demands, hereby vested in the said
Edward Bertie, Samuel Horsey, Henry Smith and Alexius Clayton, and
shall and may have, use and pursue such and the like remedies for recove-
ry thereof, as fully and eft'ectually as the said Henry, Duke of Beauford,
William, Lord Craven, James Bertie, Henry Bertie, Mary Danson, Do-
dington Greville, Sir John Colleton, Archibald Hutcheson, Jolm Cotton
and Joseph Blake, any or either of them, might have had, used or pursued,
ifthisacthad not been made.
AND BE IT FURTHER ENACTED, by the authority aforesaid,
The receipts of That the receipt or receipts of the said Edward Bertie, Samuel Horsey,
the Proprietors Henry Smith and Alexius Clayton, the survivors or the survivor of them, or
m trust a sufli- •' i • • p i • i t • t ^ t • t -,
cient discharge executors or administrators oi such survivor, under their hands, or his hand
to his Majesty, or hands respectively, shall be a sufiicient discharge to his Majesty, his heirs
and successors, of and for the said "several sums of seventeen thousand five
hundred pounds, and five thousand pounds, or so much thereof or of either
of them, as such receipts or receipt shall be given for; and that his Majesty,
his heirs and successors, upon and after such receijits or receipt, given as
aforesaid, shall be absolutely acquitted and discharged of and from the said
And to the for- jj^Q^-^jgg g^^^] shall not be answerable or accountable for any loss, non-appli-
tors cation or misapplication of the said money, or of any part thereoi.
OF SOUTH CAROLINA. 69
PROVIDED ALAVAYS, AND IT IS HEREBY DECLARED AND Act for
ENACTEJ), by the autlioiity aforesaid, that the receipt or receipts of the ^'^oi^r^nf"'
saitl James Bertie, or Docliiit^ton Crieville, or the survivor of thern, liis exec- Proprietary
utors or administrators, Tiii(U;r his orthcnr hand or hands res])ectively, sliall titlk.
be a sutlici(int discharu^e to the said Edward Bertie, Samuel Horsey, llenry ^•^^"V^to^
Smith, and Ak^xius Chiyton, tlieir executors or administrators, for the said
sum of two thousand live huncU'ed pounds, payable to them for the said eighth
part or share of the said Provinces, territoi'ies, royalties, lands andheie(bta-
ments, which was vested in the said Henry late Duke <jf Bcauford, and the
said sum of two thousand five hundred pounds, shall lie and remain sub-
ject to the trusts reposed in them by the will of the said late Duke, or other-
wise, concerning the eighth part or share, but the said Edward Bertie,
Samuel Horsey, Henry Smith and Alexius Clayton, their heirs, executors,
or administrators, shall not be answerable or accountable for any loss or
misapplication thereof, or of any part thereof.
PROVIDED ALSO, AND IT IS HEREBY DECLARED AND One Trustee
ENACTED, That the said Edward Bertie, Samuel Horsey, Henry Smith, not accountable
and Alexius Clayton, shall not, nor shall any of them, or the executors or J^^.Q■^p^^
administrators of any of them, be answerable or accountable for any money
to be received by virtue of or under the trusts hereby reposed in them, any
otherwise than each person, his executors or administrators, for such sum
or sums of money as he or they shall respectively actually receive, and none
of them shall be answerable or accountable for the acts, receipts, neglects,
or defaults of the other of them ; and also that they, the said Edward Bertie,
Samuel Horsey, Henry Smith and Alexius Clayton, their executors or ad-
ministrators, shall and may, out of the money hereby directed to be paid to
them as aforesaid, retain and reimburse themselves for all costs, charges,
damages and expenses, that they respectively shall sustain or be put unto,
in and about the execution of the trusts hereby in them reposed.
AND WHEREAS there is due and owin,g to the King's most excel- Former Propri-
lent Majesty, for aiTears of rent reserved by the said several recited letters ^*°J"^^°" P^J'
patent, or one of them, several sums of money, computed to amount to sum agreed op
three hundred pounds or upwards ; NOW IT IS HEREBY FURTHER acquitted from
ENACTED AND DECLARED, by the authority aforesaid, that the ^'^ ''"'''"■'•
said Henry, Duke of Beauford, William, Loixl Craven, James Bertie, Do-
dington Gfreville, Henry Bertie, Mary Danson, Elizabeth INIoor, the pre-
sent Sir John Colleton, Archibald Hutcheson, John Cotton and Joseph
Blake, and every of them, their and every of their heirs, execiitors and ad-
ministrators, respectively, from and immediately after the said twenty-ninth
day of September, one thousand seven hundred and twenty-nine, (in case
the said sums of seventeen thousand five hundred pounds, and five thou-
sand pounds, shall then be paid and satisfied, and the sale hereby intended
shall be then compleated) shall be, and are hereby fully and absolutely ac-
quitted and discharged of and from all arrears of rent whatsoever, due or
owing upon or by virtue of the said recited letters patent, or either of
them.
PROVIDED ALWAYS, AND IT IS HEREBY FURTHER Time limited
ENACTED AND DECLARED, by the authority aforesaid, that if his J""^!'^^ «"^«°-
Majesty, his heirs and successors, do not or shall not, on or before the said
twenty-ninth day of September, one thousand seven hundred and twenty-
nine, well and truly pay or cause to be paid, both the several sums of seven-
teen thousand five himdred pounds, and five thousand pounds in manner
aforesaid, and according to the true meaning of this act, that then they the
said Edward Bertie, Samuel Horsey, Henry Smith and Alexius Clayton,
or the survivors or survivor of them, or the heirs, executors or administra-
70 STATUTES AT LARGE
Act FOR tors of sucli sumvor, shall not make such surrender, assignment, or con-
OF THE veyance of the said seven eighth parts or shares oi the said Province or
PROPRIETARY tei rltoi'ies, and of the said arrears, or either of them, to his Majesty, his
TITLE. heirs or successors, as hereby is directed, but shall from and after the said
^""•^■"V^*^ twenty-ninth day of September, one thousand seven hundred and twenty-
nine, stand and be seized of and jjossessed of all and singular the premises
hereby in them vested, to the only proper use and behoof of them, the said
Henry, Duke of Beauford, William, Lord Craven, James Bertie, Dodington
Greville, Henry Bertie, Mary Danson, Elizabeth Moor, the present Sir
John Colleton, John Cotton, and Joseph Blake, and every of them, and of
their and every of their heirs, executors, administrators and assigns, in such
shares and proportions, and according to such respective rights and inte-
rests as they severally had, or could have been entitled to, in and unto the
same premises, in case this act had never been made, and to and for no other
use or trust, intent or purpose whatsoever.
_ . . SAVING and reserving to all and every person or persons, bodies poli-
tick and corporate, their heirs, successors, executors, administrators and
assigns, other than and except the said Henry, Duke of Beauford, William,
Lord Craven, James Bertie, Dodington Greville, Henry Bertie, Mary Dan-
son, Elizabeth Moor, Sir John Colleton, Archibald Hutcheson, John Cot-
ton and Joseph Blake, their respective heirs, executors or administrators,
and the heirs of their respective bodies, and all and every person and per-
sons, claiming or to claim any estate and interest in the premises, or any
part thereof, in remainder or reversion, expectant upon or after the deter-
minntion of any estate tail, vested in them the said Henry,Duke of Beauford,
William, Lord Craven, James Bertie, Dodington Greville, Henry Bertie,
Mary Danson, Elizabeth Moor, Sir John Colleton, Archibald Hutcheson,
John Cotton and Joseph Blake, or any of them, and all and every person
and persons claiming, or to claim any estate or interest in the premises, or
any part thereof, by or under the title of the said Henry, late Duke of
Beauford, deceased, such satisfaction and recompense as is hereinafter
mentioned, for all such estate, right, title, interest, property, claim or de-
mand whatsoever, in, to or out of the premises, or any part thereof, as they
or any of them, now have, or might have had or been entitled to, in case
this act had never been made.
PROVIDED ALWAYS, AND BE IT FURTHER ENACTED
Persons having ]3y ^\^q authority aforesaid, That if any person or persons (other than and
cover from Ills except the persons herein before excepted) who now have or shall have any
Majesty in 7 estate, right, title, interest, claim or demand, either in law or in equity, of,
years. -^^ ^^ ^^. ^^^ ^^ j.|^^ premises herein vested as aforesaid, or any part thereof,
shall, within the space of seven years after the same shall be conveyed unto
and vested in his Majesty, his heirs and successors as aforesaid, commence
and prosecute any action or suit either in law or equity, by petition of
right, English bill or otherwise, against his Majesty, his heirs or successors,
or the proper officer or officers on his or their behalf, wherein such persons
might or ought to have recovered the premises hereby vested as aforesaid,
or any part thereof, or any estate, interest or demand, in or out of the same,
the court wherein such suit or action shall be commenced or depending,
shall and may adjudge or decree, that such person or persons shall recover
against his Majesty, his heirs or successors, such sum or sums of money,
as his or their estate, interest or demand in or about the premises hereby
vested as aforesaid, shall by the same court be valued at and determined to
amount unto, in full satisfaction for such estate, interest or demand ; in ma-
king which valuation the said court shall estimate one full eighth part of the
premises hereby vested as aforesaid, to be of the value of two thousand five
OF SOUTH CAROLINA. 71
hundred pounds, and no more, and shall rate and ascertain ilie value of Act for
such estate, interest or denuuid, in proportion thereunto. surrenukr
SAVING and reserving always to the said John, Lord Carteret, his heirs, piiopriktary
executors, adminisfi-ators and Assigns, all such estate, right, titk;, interest, titi.i:.
property, claim and demand whatsoever, in, unto or out of", one eighth ])art ^^^~v^^
or share of the said J'rovinces or territories, with all and singular the rights,
members and appurtenances thereof, and of, in and to one eighth part or ^'"f'PV''" ""'o
share of all arrears of tpiit rents, and other rents, sum and sums of money, ^""^ ^'"rtcret,
debts, duties, accounts, reckonings, claims and demands whatsoever, now
due and oweing to the present Lords Proprietors of the said Provinces and
ten-itories, and all such other rights, titles, privilcdges and powers whatso-
ever, as the said John, Lord Carteret, his heirs, executors or administrators
now have or might have had or been entitled unto, in case this act, and the
conveyance herein before directed to be made to his Majesty, his heirs and
successors, or either of them, had not been, or should not be made.
SAVIN Gr also to all and every person and persons having or lawfully And others
claiming any office or offices, place or places, employment or employments, ''"''''"so^'^es.
by or under any grantor grants thereof made before the said first day of
January, one thousand seven hundred and twenty-seven, under the common
seal of the said Lords Proprietors, either in England or in the Provinces
aforesaid, all such estate, right, title and interest in or to such office or offi-
ces, place and places, employment and employments, as they or any of them
now have or might have had, or been entitled unto, in case this Act had ne-
ver been made.
72 STATUTES AT LARC4E
OF THE VARIOUS PROMULGATIONS OF MAGNA CARTA,
(by the editor.)
The Charter of the first year of Henry 1st, A. D. 1101.
The Charter of King Stephen, confirming the preceding, A. D. 1136.
The confii'mation of the Charter of Henry 1st, by Henry 2tl, without date.
A Charter of the 16th. of King John. 1214.
ArticuH Magne Carte libertatum, sub sigillo, Johannis regis. A. D,
1215.
Magna Carta Regis Johannis, 15 .June, 1215, signed at Rvmimed, (datum
per nostram manum in prato quod vocatur Runimed inter Windleshorham,
et Staines, 15'n''-, Junii, Regni nostri l?™"-, A. D. 1215.) This is the Great
Charter of Runnimead or Runningmead, a meadow at the foot of Cooper's
hill, between Staines and Windsor, about twenty miles from London, on the
River Thames.
Magna Carta, 1 Henry 3. Nov. 12, 1216.
Magna Carta, Henry 3, A. D. 1217.
Carta de Foresta, 2 Henry 3d. 6th Nov. 1217.
Magna Carta, 9 Henry 3d. 11th Feb. 1224-5.
Carta de Foresta, same date.
Magna Carta, 36 Hen. 3.
Carta Confirmatlonis, 49 Henry 3.
Magna Carta, 25 Regis Edwardi primi, 12 Oct'r, 1297.
Caita Confirmatlonis, 25 Edw. 1st. 5 November, 1297.
Carta de Foresta, 2S Edw. 1. 28 March, 1300.
Carta Confirmatlonis, 29 Edw. 1. 14 Feb'ry, 1300-1.
All these are contained in the Folio Edition of The Statutes of the
Realm, jjublished in 1810 by the authority of Parliament, and to be found
in the Library of the South Carolina College.
The first Parliamentary adoption at full length of any of these Char-
ters, seeins to have been the confirmation of the Magna Carta of 9th.
Henry 3 by Edward the first in the 25th. year of his reign, 1297 ;
which confirmation contains a recital of that Magna Carta. Hence, every
known edition of the Statutes at Large, commences with this confirmation
of the Charter of the 9th. Henry 3, which the Parliament of England
adopted and enacted ; norie of the preceding Charters having been thus
sanctioned at full length by a formal act of Parliament. Such was the case
with the edition of Statutes at Large by Joseph Keble, Esq. adopted by
the Legislature of South Carolina, in act of Assembly No. 333, A. D. 1712,
which begins like those of Hawkins, Ruffliead, & Pickering, with the
statutory confirmation and recital of 25 Edw, 1 (Stat, of the Realm, Introd.
ch. 2. p. XXIX.) Pulton's edition, which preceded Keble, commences also
with the Charter 9 Hen. 3. so that the Lesjislators of 1712 had no means
OF SOUTH CAROLINA. 73
titiG^ any published edition of any Magna Carta, l)ut that of 9
Tlic prccodino: editions of the Statutes at Large, containing no ' ,
V)f consultii
Hen. 3. The preceding editions of the Statutes at J>,arge,
otlier. Nor do 1 know of any ])iihlication of the various Magna Carta's
which preceded tlie confirmation above mentioned, in England so early as
the year I71r3. The great Charter of Rumiymede, was therefore probably
unknown unless by name to the Legislators of South Carolina, in 1712.
But that Charter of Runnymcde is the Magna Carta by way of eminence,
and the sidjsequent editions omit many clauses of the original, for reasons
which seem to be temporary. The notes in Rapin contain little that a
Lawyer is not conversant with, I have therefore omitted them.
Hence, as the Magna Carta of King John, which the Barons forced
from him on the 15th. June, 1215, at Runnymede, is the great Charter
princi]>ally referred to by the English Historians, I have thought it
expedient to insert at full length both that Charter, and the con-
firmation by Ed. 1. of the Magna Carta of 9th. Henry 3. For although
the Legislature of South Carolina adopted of these Charters no more than
the first, eighth, eighteenth, twenty eighth, twenty ninth, and thirty fourth
chapters (or sections) of the Magna Carta of 9th. Henry 3d. I consider
that this mutilation of a document so important in the legal and constitu-
tional history of that country which has furnished so large a portion of our
own jurisprudence, would be unsatisfactory to the great majority of the
legal profession of the State.
Our American improvement of n-riften Constitution-i, is undoubtedly
founded on this portion of the constitutional history of England; and it
appeared to me, that an edition of the Laws under legislative authoiity,
would well authorize the insertion at full length of these two editions of
Magna Carta, especially as that of 9th. Hen. 3, contains variations fi-om
that of King John.
The statutory confirmation of 9th. Hen. 3 by 25 Edw. I have copied
with the translation from the Statutes of the Realm, and Owen Rufthead's
edition of the Statutes at Large. Keble's is not to be found.
The Charter of King John, I have taken from Blackstone's Law-tracts,
compared with the edition in the Stat, of the Realm. The translation I
have adopted from Rapin's Hist, of England.
The following enumerations of the various confirmationss of the Char-
ters, I have copied from Ruffhead's note to the Charter of 9. Hen. 3d.
ry2 Hen. 3, ch 5. 25 Edw. 1 stat. 1 ch 1-2-3-4. 28 Edw. 1 stat. 3 ch 1. 1
Edw. 3. stat. 2 ch 1. 2 Edw. 3 stat. 2 ch 1. 4 Edw. 3 ch 1. 5 Edw. 3 ch 1, 9.
10 Edw. 3 stat. 1 ch 1. 14 Edw. 3 stat. 1 ch. 1. 15 Edw. 3 stat. 1 ch. 1. 28
Edw. 3 ch 1. 31 Edw. 3 stat. 1 ch 1. 36 Edw. 3 stat 1 ch. 1. 37 Edw.
3 ch J. 38 Edw. 3 stat 1 ch 1. 42 Edw. 3 ch 1. 45 Edw. 3 ch 1. 50
Edw. 3ch2. iRich. 2chl. 2 Rich. 2 stat. 2 ch 1. 5 Rich 2 stat. 1 ch 1.
6 Rich 2 stat. 1 ch 1. 7 Rich. 2 ch 2. 8 Rich 2 ch 1. 12 Rich. 2 ch 1. 1
Hen. 4 ch 1. 2 Hen. 4 ch 1. 7 Hen. 4 ch 1. 9 Hen. 4 ch 1. 13 Hen. 4
ch 1. 4 Hen. 5 ch 1. See also appendix No. 1. Grimke's Pubhc
Laws.
I insert of these, the Runnymede Charter of King John, as being the
document of most historical note ; and the 9. Hen. 3 confiiTned by 25 Edw.
1. being that with which "The Statues at Lai'ge," usually commences, and
which our act of 1712 has in part adopted.
In fact, all these documents are enacted by and included in the third and
fifth sections of the act of Dec. 12, 1712, No 331 p 25 of Grimke's Public
Laws, and p 98 of the same : which sections are as follow.
" Sect. 3. All the Statutes of the Kingdom of England relating to tlie
allegiance of the people, to her present Majesty Queen Anne, and her
VOL. L— 10.
74 STATUTES AT LARGE
Notes on lawful successors, and the several public oaths, and subscribing the tests
Magna Carta. j.p^j^-j,gjj of the people of England in general by any of the said Statutes
of the said Kingdom, and also all such Statutes in the Kingdom of England
as declare the rights and liberties of the subjects and enact the better securing
of the same, and also, so much of the said Statutes as relates to the above
mentioned particulars of the allegiance of the people to their sovereign,
the public oaths, and subscribing the tests required of them, and the
declaring and securing the rights and liberties of the subjects, are hereby
enacted and declared to extend to, and to be of full force in this province,
asif particularly enumerated in this act."
"Sect. 5. So much of the Common haw of England is enacted and made
of force, as is not altered by the above enumerated acts, or inconsistent
with the particular constitutions, customs, and laws of this province," &c.
Under this authority, I have inserted in succession, as one class of Laws,
the Magna Carta of King John ; the Magna Carta of Henry 3 ; the con-
firmation thereof by 25 Edw. 1 ; the petition of right to King Charles the
first, and his acquiesence therein ; the Habeas Corpus act of Ch, 2d j and
ihe Bill of Eights 1 William and Mary, sess. 2 ch 2,
OF SOUTH CAROLINA.
CONTENTS OF THE GREAT CHARTER OF KING JOHN.
1215.
The Sections marked * not included in the Magna Carta of Henry 3d.
Preamble.
Section 1. The Church of England shall be free, and enjoy her whole
rights and liberties inviolable.
Sec. 2. The underwritten liberties granted to all freemen and their heirs
forever.
Sect. 3. Inheritances to be held by the antient relief.
Sect. 4. If the heir be a ward, he shall have his inheritance when he comes
of age, without relief or fine.
Sect. 5. No waste shall be made by a guardian in ward's lands.
Sect. 6. Guardians shall maintain the inheritance of their wards.
Sect. 7. Heirs shall be mamed without disparagement.
Sect. 8. A widow shall have her marriage inheritance, and quarantine.
Sect. 9. A widow shall not be compelled to marry against her will.
Sect. 10. How distress shall be made, and sureties proceeded against.
Sect. 11. The same subject continued.
*Sect. 12. Of a Jew's debtor dying.
*Sect. 13. Of the widow and children of persons dying in debt to Jews.
*Sect. 14. Scutage and Aid not to be exacted without consent of the
common council of the Kingdom, except in certain cases.
Sect. 15. The city of London shall have its ancient liberties and customs,
Sect. 16. And so shall all other towns.
*Sect. 17. Scutage to be assessed by consent of Archbishops, Bishops,
Abbotts, Earls and great Barons of the realm.
*Sect. 18. Tenants in Capite to be summoned.
*Sect. 19. The business to proceed, though all who were summoned do
not attend.
*Sect. 20. No leave to be granted in future to any one, to exact an Aid
of his own free tenants ; except reasonable aid in certain cases.
Sect, 21. None shall distrain for more service than is due.
Sect. 22, Common Pleas shall not follow the King's Court, Justices in
Eyre to be appointed to hold Assizes,
Sect. 23, The causes that may not then be tried at the Assizes, shall be
referred for trial to Knights and Freeholders.
Sect. 24. How freemen of all sorts shall be amerced.
Sect. 25. How villains shall be amerced.
Sect. 26. How Earls and Barons shall be amerced.
Sect. 27. How Ecclesiastics shall be amerced.
Sect. 28. Of Bridges over Rivers.
76
STATUTES AT LARGE
Contents
OF
Maqna Carta.
Sect.
*Sect.
Sect.
Sect.
Sect.
Sect.
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Sect.
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Sect.
Sect.
Sect.
Sect.
Sect.
Sect.
Sect.
Sect.
Sect.
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Sect.
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Sect.
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29. Who may not hold pleas of the Crown.
30. Counties, Hundreds, &c. shall stand at the old term.
31. The Khig's debtor dying, the King shall be first paid.
32. Of the distribution of intestate property.
33. No corn or chattels tobetahen without payment.
34. Of distress on account of Castle Guard.
35. Castle guard not due from persons employed in military service.
36. The King's Sheriff or Bailiff, not to seize horses or caits for car-
riage.
37. No man's timber to be taken for castles, &c. without his consent.
38. Felons lands to be holden by the King only a year and a day.
39. Wears in the Thames and the Midway to be demolished.
40. A praecipe not issueable whereby a man shall lose his cause.
41. Uniformity of measures and weights throughout the realm.
42. Inquisition of life or member.
43. Where there is tenure in soccage of the King, and tenure of
another by Knight's sen-ice.
44. No wardship shall accrue to the King by reason of Petit-Ser-
geantry.
45. No wager of law to be demanded without a witness.
46. Every freeman shall have trial by judgment of his peers or by
law of the land.
47. Right and Justice to be imparted without sale, denial, or delay.
48. Safe conduct for ingress and egress to be allowed to merchants.
49. Alien merchants to be dealt with, as English njerchants are in
the foreign country.
50. Free ingress and egi'ess of the realm to every one unless in case
of war.
51. Tenure of a barony coming to the King by escheate.
52. None but dwellers in the forest, or persons impleaded concern-
ing the forest, shall be brought before the forest Courts.
53. No law officer shall be appointed but such as know the law.
54. Founders of Abbies shall be entitled to the advowsons.
55. All woods and rivers that have been enclosed within the King's
forest, shall be disforested.
56. All bad customs and abuses that have arisen concerniug forests,
shall be inquired of and abolished.
57. English hostages to be delivered up.
58. Certain French foreigners to be sent away.
59. Also all hired foreign soldiers and cross bow men.
60. Those whohavebeen unlawfully dispossessed shall be restored.
61. Delay in certain cases during the King's Croisade.
62. The same delay as to disforesting lands improperly inclosed.
63. Appeal of death shall not be gx-anted to a woman unless for her
husband.
64. Fines imposed unjustly to be decided on by five and twenty
Barons.
65. Disseisin of lands in England or Wales, to be judged of by
the peers of the demandants of the same country with them, and
by the law of England or Wales respectively.
66. The King to have delay as to new suits, till after his Croisade.
. 67. Welsh hostages to be dismissed.
68. Treaty to be entered into with the King of the Scots,
69. All persons to observe toward their dependants like customs
and immunities with those now granted by the King.
OF SOUTH CAROLINA. 77
•Sect. 70. The King guaranties to the barons this charter, on pain of dis- Contents
tress of his hinds and possessions. Magna Carta.
*Sect. 71. The orders of the twenty-five Barons hereby appointed, to be
obeyed.
*Sect. 72. All persons to be bound on oath to obey the said Baroas in dis-
training the King's land for breach hereof
*Sect. 73. The twenty five Barons may fill up vacancies.
*Sect. 74. The majority at a meeting of said Barons may act.
*Sect. 75. Nothing shall be done to invalidate these concessions.
*Sect. 76. Remission of disputes and ofttnices.
*Sect. 77. Letters patent gianted in further assurance of these conces-
sions.
Sect. 78. The rights and liberties of the Church, and of the freemen of
the realm, promised and declared.
Sect. 79. Sworn to by the King and the Barons, at Runningmede, be-
tween Windelsor and Staines, 15th day of June, 17th year of his reign.
78
STATUTES AT LARGE
MAGNA CARTA REGIS JOHANNIS.
XVmo die JUNII, REGNI regis XVIImo. mccxv.
THE MAGNA CARTA OF KING JOHN,
15th day of JUNE, IN THE ITth YEAR OF THE KING'S REIGN, A. D. 1215.
Johannes, dei gratia rex Anglie,
dominus Hibernie, dux Normannie,
Aquitanie, et comes Andegavie, ar-
chieplscopis, episcopis, abbatibus,
comitibus, baronibus, justiciaris, fo-
restariis, vice-comitibus, prepositis,
ministris, et omnibus ballivis, et fide-
libus suis, salutem. Sciatis nos
intuitu dei et pro salute anime nostre
et omnium antecessorum et heredum
nostrorum, ad honorem Dei, et exal-
tationem sancte ecclesie, et emenda-
tionem regiii nostri, per consilium
venerabilium patrum nostrorum, Ste-
pliani Cantuariensis archiepiscopi,
totius Anglie primatis, et sancte Ro-
mano ecclesie Cardinalis, Henrici
Dubliniensis archiepiscopi, Wil-
lielmi Londoniensis, Petri Winto-
niensis, Jocelini Bathoniensis et
Glaston, Hugonis Lincolniensis,
Walter! Wygomiensis, Willielmi
Coventrensis, et Benedicti Roffensis,
episcoporum; magistri Pandulfi dom-
ini pape subdiaconi et familians ;
fratris Eymerici magistri militie
TempliinAnglia;etnobiliumvirorum
Willielmi Marescalli comitis Pen-
brok, Willielmi comitis Sarum,
Willielmi comitis Warennie, Wil-
lielmi comitis Arundell, Alani
de Galwega, constabularii Scottie,
Warini filii Geroldi, Petri filii Her-
eberti, Huberti de Burgo senescalli
Pictavie, Hugonis de Neville, Mat-
thei filii Hereberti, Thome Basset,
John, by the Grace of God, King
of England, Lord of Ireland, Duke
of Normandy and Aquitain, and Earl
of Anjou : To the Archbishops, Bi-
shops, Abbots, Earls, Barons, Justi-
ciaries of the Forests, Sheriffs, Go-
vernors, Officers, and to all Bailiffs,
and other his faithful subjects, gi"eet-
ing. Know ye. That we, in the pre-
sence of God, and for the health of
our soul, and of the souls of our an-
cestors and heirs, and to the honour
of God, and the exaltation of Holy
Church, and amendment of our
Kingdom, by Advice of our venera-
ble Fathers, Stephen, Archbishop of
Cantei'bury, Primate of all England,
and Cardinal of the Holy Roman
Church ; Henry, Archbishop of
Dublin, William, Bishop of London,
Peter of Winchester, Jocelin of
Bath and Glastonbui-y, Hugh of Lin'
coin, Walter of Worcester, William
of Coventry, Benedict of Rochester,
Bishops ; and Master Pandulph, the
Pojie's subdeacon and ancient ser- -
vant. Brother Aymerick, Master of
the Temple in England, and the No-
ble Persons, William Marescall, Earl
of Pembroke, William, Earl of
Salisbury, William, Earl of WaiTen,
William, Earl of Arundel, Alan de
Galoway, Constable of Scotland,
Warin Fitz Gerald, Peter Fitz
Herebert, and Hubert de Burghe,
Senechal of Poictou,Hugo de Nevill,
OF SOUTH CAROLINA.
79
Alani Basset, Philippi de Albiniaco,
Roberti do Ro])])elo, Jolianiiis Ma-
rescalli, Johaimls filli Hugonis, et
aliorum fidelium uostrorum. In
primis concessise Deo, et hac prc-
sente chaita nostra confii-masse, pro
nobis et heredibus nostris in perpe-
tuum,
Matthew Fitz Hercbort, Thomas Magna Carta
Basset, Alan Fiasset, I'liilijtdeAlbine, KtN("jonN.
Robert de Roppcle,.Jolin Marescall,
John Fitz Hugh, and others our
Liegemen ; have in the first place
granted to God, and l)y this our pre-
sent Charter, confirmed for us and
our heirs forever,
I.
Quod Anglicana ecclesia libera
sit, et habeat jura sua integra, et
libertates suas illesas, et ita volumus
observari, quod apparent ex eo, quod
libertatem electionum que maxima
et magis necessaria reputatur eccle-
sie Anglicane, mera et spontanea
voluntate, ante discoi'diam inter nos
et barones nostros motam, concessi-
mus et caita nostra confirmavimus,
et earn obtinuimus a domino papa
Innocentio tertio confirmari ; quam
et nos observabimus, et ab heredibus
nostris in perpetuum bona fide volu-
mus observari.
That the Church of England shall
be free, and enjoy her whole rights
and liberties inviolable. ' And we
will have them so to be observed;
which appears from hence that the
freedom of elections, which was
reckoned most liecessary for the
Church of England, of our own free
will and pleasure, we have granted
and confirmed by our Charter, and
obtained the confirmation of from
Pope Innocent the Third, before the
discord between us and our Barons;
which Chaiter we shall obser\'e,and
do will it to be faitfully observed by
our heirs forever.
IL
Concessimus etiam omnibus libe-
ris hominibus regni nostri pro nobis
et heredibus nostris in perpetuum,
omnes libertates subsciiptas, haben-
das et tenendas eis et heredibus suis,
de nobis et heredibus nostris.
III.
Si quls comitum vel baronum nos-
trorum, sive aliorum tenentium de
nobis incapite perservitiummilitare,
mortuus fuerit, et cum decesserit
heres suus plene etatis fuerit, et
relevium debeat, habeat hereditatem
suam per antiquum relevium, scil-
licet heres vel heredis comitis
de baronia comitis integra per
centum libras. Heres vel heredes
baronis de baronia integra per centum
libras. Heres vel heredes militis de
feodo militis integro, per centum
solidos ad plus: et qui minus debuerit,
minus det, secundum antiquam con
Buetudinem feodonnn.
IL
We have also granted to all the
freemen of our Kingdom, for us and
our heirs forever, all the underwrit-
ten Liberties, to have and to hold to
them and their heirs, of us and our
heirs.
III.
If any of our Earls, or Barons, or
others who hold of us in chief, by
military service, shall die, and at the
time of his death his heir shall be of
full age, and owe a relief, he shall
have his inheritance by the ancient
relief; that is to say, the heir or heirs
of an Earl, for a whole Earl's bai'o-
ny, by a hundred pounds ; the heir
or heirs of a Baron, for a whole bar-
ony, by a hundred pounds ; the heir
or heirs of a Knight, for a whole
Knight's fee, by a himdred shillings
at most ; and he that oweth less shall
give less, according to the ancient
custom of fees.
80
STATUTES AT LARGE
Magna Carta
OF
King John.
IV.
Si antem heres alicujus talium fu-
ei'it infra etatem.etfuerit in custodia,
cum ad etatem pervenerit, habeat
liereditatem suam sinerelevio et sine
fine.
IV.
But if the lieir of any such shall
be under age, and shall be in Ward,
when he comes of age he shall have
his inheritance without relief or
without fine.
Gustos terre hujusmodi heredis
qui infra etatem fuerit, non capiat de
terra heredis nisi rationabiles exi-
tus, et rationabiles consuetudines, et
rationabilia servitia, et hec sine des-
tructione et vasto hominum vel rerum.
Etsi nos commisserimus custodiam
alicujus talis terre vicecomiti vel
alicui alii qui de exitibus illius nobis
respondere debeat, et ille destructi-
onem de custodia fecerit vel vastum,
nos ab illo capiemus emend am, et
terra comittatur duobus legalibus et
discretis hominibus de feodo illo, qui
de exitibus respondeant nobis vel ei
cuinos assignaverimus. Et si dede-
rimus vel vendiderimus alicui custo-
diam alicujus talis teiTe, et ille des-
tructionem inde fecerit vel vastum,
amittat ipsam custodiam, et tradatur
duobus discretis et legalibus homini-
bus de feodo illo, qui similiter nobis
respondeant, sicut predictum est.
VI.
Gustos autem quaradiu custodiam
terre habueret, sustentet domos,
parcos, vivaria, stagna, molendina,
et cetera ad leiTam illam pertinentia,
de exitibus terre ejusdem, et reddat
heredi cum et plenam etatem perve-
nerit, terra m suam totam instauratam
de carrucis et wainnagiis secundam
quod tempus wainnagii exigit, et
exitus terre rationabiliter poterant
sustinere.
The Warden of the land of such
heir, who shall be under age, shall
take of the land of such heir only
reasonable issues, reasonable cus-
toms, and reasonable services ; and
that without destruction or waste of
the men or things ; and if we shall
commit the guardianship of those
lands to the Sheriff, or any other who
is answerable to us for the issues of
the land, and if he shall make des-
truction and waste upon the Ward
lands, we will compel him to give
satisfaction, and the land shall be
committed to two lawful and discreet
tenants of that fee, who shall be an-
swerable for the issues to us, or to
him whom we shall assign. And if
we shall give or sell the Wardship of
any such lands to any one, and he
makes destruction or waste upon
them, he shall lose the Wardship,
which shall be committed to two
lawful and discreet tenants of that
fee, who shall in like manner be an-
swerable to us, as hath been said.
VI.
But the Warden, so long as he
shall have the Wardship of the land,
shall keep up and maintain the hou-
ses, parks, wan-ens, ponds, mills and
other things pertaining to the land,
out of the issues of the same land ;
and shall restore to the heir, when he
comes of full age, his whole land
stocked with ploughs and carriages,
according as the time of wainage
shall require, and the issues of the
land can reasonably bear.
OF SOUTH CAROLINA.
81
VII.
Heredes maritontuv abstjue dispa-
ragatioiie ; ita tamenquod antequam
contrahaturmatrimoniunijOstendatur
propinquis de consanguinitate ipsius
iicredis.
VIII.
Vidua postmortem mariti sui, sta-
tim et sine difHcid^ate liabcat niari-
tagium et hereditatcm suam, ncc
aliquid det pi'o dote sua vel pro mari-
tagio suo, vel hereditate sua, quam
hereditatem raaritus suus et ipsa
tenuerintdie obitus ipsius mariti; et
maneat in domo mariti sui per quad-
raginta dies post mortem ipsius, infra
quos, assigiietur ei dos sua.
VII.
Heirs shall be manned without
disparagement, so'as that before mat-
rimony shall be contracted, those
who are nearest to the heir in blood
shall be made acquainted with it.
VIII.
A widow, after the death of hei'
husband, shalHorthwith, and without
any difficulty, have her mari'iagc and
her inheritance ; nor shall she give
anything for her dower or her mar-
riage, or her inheritance, which her
husband and she held at the day of
his death; and she may remain in the
capital messuage or mansion house of
her husband, forty days after his
death, within which term her dower
shall be assigned.
Magna Carta
OF
King John.
IX.
Nulla vidua distringatur ad se
maritandam, dum voluerit vivere sine
marito. Ita tamenquod securitatem
faciat quod se non maritabit sine as-
sensu nostro, si de nobis tenuei'it,
vel sine assensu domini sui de quo
tenuerit, si de alio tenuerit.
IX.
No widow shall be distrained to
marry herself, so long as she has a
mind to live without a husband.
But yet she shall give security that
she will not marry without our as-
sent, if she holds of us, or without
the consent of the Lord of whom she
holds, if she holds of another.
X.
Nee nos, nee ballivi nostri, seisie-
mus terram aliquam nee redditum
pro debito aliquo, quamdiu catalla
debitoris sufficiunt ad debitum red-
dendum ; Nee pleggii ipsius debito-
ris distringantur, quamdiu ipse capi-
talis debitor sufficit ad solutionem
debiti.
Neither we nor our Bailiffs shall
seize any land or rent for any debt,
so long as there shall be chatties of
the debtor's upon the premises, suffi-
cient to pay the debt. Nor shall the
sureties of the debtor be tlistiained,
so long as the princijial debtor is
sufficient for the payment of the
debt.
XL
Et si capitalis debitor deficerit
in solutione debiti, non habens
unde solvat, plecjgii respond eant de
debito, et si voluerint,habeant terras
et redditus debitoris, donee sit eis
satisfactum de debito quod ante pro
eo solverint, nisi capitalis debitor
VOL. I.— 11.
XL
And if the principal debtor fail in
the payment of the debt, not having
wherewithal to discharge it, then the
sureties shall answer the debt; and if
they will, they shall have the ]and.s
and rents of the debtor, until they
shall be satisfied for the debt which
STATUTES AT LARGE
Magna Carta monstraverit se esse quictum inde
King" John, versus eosdem pleggios.
XII.
Si quis mutuo ceperit aliquid a
Judeis, plus vel minus, et moriatur
antiquam debitum iilud solvatur, de-
bitum non usuret quamdiu heres
fuerit infra etatem, de quocumque
teneat; et si debitum illud incident
in manus nostras, nos non capiemus
nisi catallum contentum in cbarta.
XIII.
Et si quis moriatur, et debitum
debeat Judeis, uxor ejus habeat do-
tem suam, et nichil reddat de debito
illo ; et si liberi ipsius deiuncti, qui
fuerint infra etatem, remanserint,
provideanturiisnecessaria secundum
tenementum quod fuerat defuncti; et
de residuo solvatur debitum, salvo
servitio dominorum. Simili modo
fiatdedebitis quedebenturaiiis quam
Judeis.
XIV.
Nullum scutagium vel auxilium
ponaturin regno nostro nisi per Com-
mune Consilium regni nostri, nisi ad
corpus nostrum redimendum ; et
primogenitum filium nostrum mili-
tem faciendum ; et ad filiam primo-
genitam nostrara semel maritandam;
et ad hec non fiat nisi rationabile
auxilium.
XV.
Simili modo fiat de auxiliis de
eivitate London ; et civitas London
habeat omnes antiquas libertates et
liberas consuetudines suas tam per
terras quam per aquas.
XVL
they paid for him ; unless the princi-
pal debtor can show himself acquit-
ted thereof, against the said sureties.
XII.
If any one have borrowed any
thing of the Jews, more or less, and
dies before the debt be satisfied,
there shall be no interest paid for
that debt,so long as the heiris under
age, of whomsoever he may hold.
And if the debt falls into our hands,
we will take only the chattel men-
tioned in the charter or instrument.
XIII.
And if any one shall die indebted
to the Jews, his wife shall have her
dower, and pay nothing of that debt;
and if the deceased left children un-
der age, they shall have necessaries
provided for them according to the
Tenement (or real estate) of the de-
ceased ; and out of the residue the
debt shall be paid ; saving, however,
the service of the Lords. In like
manner let it be with debts due to
other persons than the Jews.
XIV,
No scutage or aid shall be im-
posed in our Kingdom, unless by the
Common Council of our Kingdom,
except to redeem our person, and
make our eldest son a Knight, and
once to marry our eldest daughter ;
and for this there shall only be paid
a reasonable Aid.
XV.
In like manner it shall be concern-
ing the Aids of the City of London ;
and the City of London shall have
all its ancient liberties and free cus-
toms, as well by land as by water.
XVI.
Preterea volumus et concediraus. Furthermore, we will and gi-ant,.
quod omnes alie civitates, et burgi, thaS all other cities, and boroughs.
OF SOUTH CAROLINA.
83
et ville, et portus, habeant omnes
libcrtates et libcras consuetudines
suas, et ad habendum Commune
Consilium regni de auxilio assidcndo
alitor quam in tribus casis predictis.
XVII.
and towns, and ports, shall have all Magna Cahti.
their lilH'rties and free customs; and Kijjq John.
shall have the Common Council of
the Kinirdom concerning the assess-
ment of their Aids, except in the
three cases aforesaid.
XVII.
Vel de scutagio assidendo, sum-
moneri faciemus archiepiscopos, e-
piscopos, abbates.comites, etmajores
barones sigillatim per literas nos-
tras.
And for the assessin"^ of scutages
we shall cause to be summoned the
Archbisho])s, Bishoj)s, Abl)ots, Earls,
and ffruat Barons of the Realm, sin«r-
ly by our letters.
XVIII.
Et preterea faciemus summoneri
in generali per vice-comites et balli-
vosnostros, omnes illos qui de nobis
tenent in capite, ad certum diem,
scilicet ad tenninum quadraginta di-
erum ad minus, et ad certum locum,
et in omnibus litteris illius summoni-
tionis causam summonitionis expi'i-
memus.
XVIII.
And furthemioi'e we shall cause to
be summoned in general by our she-
ritt's and bailiffs, all others who hold
of us in chief, at a certain day, that
is to say forty days before the meet-
ing,at least, to a certain place; and in
all letters of such summons we will
declare the cause of the summons.
XIX.
Et sic facta summonitione nego-
tium ad diem assignatum procedat
secundum consilium illorimi qui
presentes fuerint,quamvis non omnes
summoniti venerint.
XX.
Nos non concedemus de cetero
alicui quod capiet auxilium de libe-
ris hominibus suis, nisi ad corpus
suum redimendum; et ad faciendum
primogenitum filium suum militem ;
et ad primogenitam filiam suam se-
mel maritandam ; et ad hec non fiat
nisi rationabile anxilium.
XXI.
Nullus distringatur ad faciendum
majus serv-itium de feodo militis, nee
de alio libero tcnemento quam inde
debetur.
XIX.
And summons being thus made,
the business shall proceed on the day
appointed, according to the advice of
such as shall be present, although all
that were summoned come not.
XX.
We will not for the future grant to
any one, that he may take Aid from
his own free tenants, unless to redeem
his body, and to make his eldest son
a Knight, and once to marry his eld-
est daughter; and for this there shall
only be j^aid a reasonable Aid.
XXI.
No man shall be distrained to per-
form more service for a Knight's
Fee, or other Free Tenement, than
is due from thence.
84
STATUTES AT LARGE
Magna Carta
OF
King John.
XXII.
Communia placita non sequantur
curiam nostram,sed teneantuv in ali-
quo loco certo. Recognitiones de
nova disseisina, de niorte antecesso-
ris, et de ultima presentatione non
capiantur nisi in suis comitatibus, et
hoc modo : nos, vel si extra regnum
fuerimus.capitalis justiciarius noster,
mittemus duos justiciaiios per unum-
quemque comitatum, per quatuor vi-
ces in anno : qui cum quatuor militi-
bus cujus libet comitatus electis per
comitatum, capiant in comitatu et in
die et loco comitatus assisas predic-
tas.
XVIII.
Et si, in die comitatus, assise pre-
dicte capi non possint, tot milites et
libere tenentes remaneant de illis qui
interfuerint comitatui die illo, per
quos possint judicia sufficienter fieri,
secundum quod negotium fuerit ma-
jus vel minus.
XXIV.
Liber homo non amercietur pro
parvo delicto, nisi secundum modum
delicti ; et pro magno delicto amer-
cietur, secundem magnitudinem de-
licti ; salvo contenemento suo ; et
mercatoreodem modo,salva mercan-
disa sua.
XXV.
Et villanus eodem modo amercie-
tur.salvo wainnagio suo, si inciderint
in miserlcordiam nostram ; et nulla
dictarum misericord iarum ponatur
nisi per sacramentum proborum hom-
inum de visneto.
XXVI.
Comites et btirones non amercien-
tur, nisi per pares sues, et non nisi
secundum modum delicti.
XXII.
Common Pleas shall not follow
our Court, but shall be h olden in
some certain place. Tryals upon
the Writs of Novel Disseisin, and of
Mort d' Ancestor, and of Darreine
Presentment, shall be taken but in
their proper counties, and after this
manner : We, or if we should be out
of the Realm, our Chief Justiciary,
shall send two Justiciaries through
every county four times a year; who
with the four Knights chosen out of
every Shire, by the People, shall hold
the said Assizes in the County, on
the day and at the place appointed.
XXIII.
And if any Matters cannot be de-
termined on the day appointed to
hold the Assizes in each County, so
many of the Knights and Freeholders
as have been at the Assizes aforesaid,
shall be appointed to decide them,
as is necessary, according as there is
more or less business.
XXIV.
A freeman shall not be amerced
for a small fault, but according to the
degree of the fault ; and for a great
crime in proportion to the heinous-
ness of it : Saving to him his conten-
ement, and after the same manner a
merchant, saving to him his merchan-
dize.
XXV.
And a villain shall be amerced after
the same manner, saving to him his
Wainage, if he falls under our mer-
cy ; and none of the aforesaid Amer-
ciaments shall be assessed but by the
Oath of honest men of the neighbour-
hood.
XXVI.
Earls and Barons shall not be
amerced but by their Peers, and ac-
cording to the quahty of the offence.
OF SOUTH CAROLINA.
85
XXVII.
Niillus clericus amercietur de laico
tenementosu(),nisisecunclunimodum
aliorum predictorum, et non secun-
dum quantitatcm beneficii sui eccle-
siastici.
XXVIII.
Nee villa, nee homo, distringatur
facere pontes ad riparias, nisi qui ab
antique et de jure facefc debent.
XXIX.
Nullus viee-coraes, constabularius,
coronatores, vel alii ballivi nostri,
teneant placita corone nostre.
XXX.
Omnes comitatus, hundredi, Ava-
pentakia, ettrethingi,sintad antiquas
firm as, absque ullo iucremento, ex-
ceptis dominicis maneriis nostris.
XXXI.
Si aliquis tenens de nobis laieum
feodum, moriatur, et vice-comes
vel ballivus noster ostendat literas
patentes nostras de suramonitione
nostra de debito quod defunctus
nobis debuit ; liceat vice-comiti vel
ballivo nostro attacliiare et inbre-
viare catalla defuncti inventa in laico
feodo, advalentiam illius debiti, per
visum legalium hominum, ita tamen
quod nichil amoveatur inde, donee
persolvatur nobis debitum quod
clarum fuerit; et residuum relinqua-
tur executoribus ad faciendum testa-
mentum defuncti; et si nichil nobis
debeatur ab ipso, omnia catalla
cedant defuncto, salvis uxori ipsius
et pueris rationabilibus partibus suis.
XXXII.
Si aliquis liber homo intestatus
decesserit, catalla sua per manus
propinquorum, parentum, et amico-
rum suorum, per visum ecclesie
XXVII.
No ecclesiastical person shall be
amerced, but according to the pro-
portion aforesaid, and not acccjrding
to the value of his Ecclesiastical
benefice.
XXVIII.
Neither a town, nor any person,
shall be distrained to make bridges
over rivers, unless that anciently and
of right they are bound to do it.
XXIX.
No Sheriff, Constable, Coroners,
or other our Bailiffs, shall hold Pleas
of the Crown.
XXX.
All Counties, Hundreds, Wapen-
takes, and Trethings, shall stand at
the old Ferm, without any increase,
except in our Demesne Lands.
XXXI.
If any one that holds of us a Lay
Fee, dies, and the sheriff or our
Bailiff show our Letters patents of
Summons concerning the debt due
to us from the deceased ; it shall be
lawful for the Sheiiff or our Bailiff
to attach and register the Chatties
of the deceased found upon his Lay
Fee, to the value of the debt, by the
view of lawful men, so as nothing
be removed until our whole debt be
paid ; and the rest shall be left to
the Executors to fulfil the Will of
the deceased ; and if there be no-
thing due from him to us, all the
Chatties shall remain to the de-
ceased, saving to his Wife and Chil-
dren their reasonable shares.
XXXII.
If any Freeman dies Intestate,
his Chatties shall be distributed by
the hands of his nearest Relations
and Friends, by the view of the
Magna Carta
OF
King John
86
STATUTES AT LARGE
Magna Carta distribuantur ; salvis iinicuique de-
King'johx. ^^'-'^ 'F^ defunctus ei debebat.
XXXIII.
Nullus constabularius vel alius
ballivus noster capiat })lada vel alia
catalla alicujus, nisi statim inde red-
dat denarios, aut resjiectum inde
habere possit de voluntate venditoris.
XXXIV.
Nullus constabularius distringat
aliquem militem addandum denarios
pro custodia castri, si facere voluerit
custodiam illam in propria j)ersona
sua, vel per alium probum hominem,
si ipse earn facere non possit propter
rationabilem causam.
Church, saving to evety one his
debts which the Deceased owed.
XXXIII.
No Constable or Bailiff of ours
shall take Corn or other Chatties
of any man, unless he presently
gives him money for it, or hath res-
pite of Payment from the seller.
XXXIV.
No Constable shall distrain any
Knight to give money for Castle
Guard, if he himself shall do it in
his own Person, or by another able
man, in case he shall be hindered by
any reasonable cause.
XXXV.
Et si nos duxerimus,vel miserimus
eum in exercitum, erit quietus de
custodia secundum quantitatem tem-
poris quo per nos fuerit in exercitu.
XXXVI.
Nullus vice-comes vel ballivus
noster, vel alius aliquis, capiat equos
vel caretas alicujus liberi hominis
pro cariagio faciendo nisi, de volun-
tate ipsius liberi hominis.
XXXVII.
Nee nos, nee ballivi nostri, capie-
mas alienum boscum ad castra vel
alia agenda nostra, niyi per volunta-
tem ipsius cujus boscus ille fuerit.
XXXVIII.
Nos non tenebimus ten-as illoinim
qui convict! fuerint de felonia, nisi
per unam annum et unum diem, et
tunc reddantur terre dominis feodo-
XXXV.
And if we shall lead him, or if we
shall send him into the Army, he
shall be free from Castle Guard, for
the time he shall be in the Army by
our command.
XXXVI.
No Sheriff or Bailiff of ours, or
any other, shall take Horses or
Carts of any for Carriage.
XXXVII.
Neither shall we or our Officers
or others, take any man's Timber for
our Castles, or other uses, unless by
the consent of the owner of the
Timber.
XXXVIII.
We will retain the Lands of those
that are convicted of Felony, but
one Year and a Day, and then they
shall be delivered to the Lord of the
Fee.
OF SOUTH CAROLINA,
XXXIX.
Omnos Ky<lelli do cetcro depon-
antur penitus dc Thamisia et de
Medevvaye, ct per totam Angliam,
nisi per costeram maris.
XL.
Breve quod vocatur precipe, do
cetero non fiat alicui de aliquo tene-
mento, unde liber homo amittere
possil curiam suuni.
XLI.
Una mensura viiii sit per totum
regTuim nostrum, ct una mensura, cer-
visie et una mensui'a bladi, scilicet
quarterium Londonicnse, et una lati-
tude pannorum tinctorum et russetto-
rum et halbei'gettorum, scilicet due
ulne infra listas; de pondei'ibus autem
sit ut do mensuris.
XLIL
Nichil detur vel capiatur de cetero
pro brevi inquisitionis de vita vel
membris, sed gratis concedatur, et
non necjetur.
XLIIL
Si aliquis teneat de nobis per firmi
feodam, vel per sokagium, vel per
burgagium, et de alio terram teneat
per servitiummilitare,nos non habe-
bimus custodian! lieredis nee teiTe
sue qui est de feodi alterius, occa-
sione illius feodifirme, vel sokagii,
vel burgagii, nee habebimus custodi-
am illius feodifirme, vel sokagii, vel
burgagii, nisi ipsa feodifirma debeat
servitium militare.
XLIV.
XX^IX,
All Wears for iIk; time to come
shall be demolished in tlie rivers of
Thames and M(Ml\vay, and througli-
out all England, except upon the Sea
Coast.
XL.
The Writ which is called Praici-
pe, shall not for the future, be gran-
ted to any one of any Tenement,
whereby a Free man may lose his
cause.
XLI.
There shall be one Measure of
Wine, and one of Ale, through our
whole Realm, and one Measure of
Com, that is to say the London
Quarter ; and one Breadth of Dyed
Cloth and Russets and Haberjects,
that is to say. Two Ells within the
List ; and the Weights shall be as the
Measures.
XLIL
From henceforward nothing shall
be given or taken for a Writ of In-
quisition, from him that desires an
Inquisition of Life or Limb, but
shall be granted gratis, and not de-
nied.
XLIIL
If any one holds of us by Fee
Farm, or Socage, or Burgage,
and holds Lands of another by
Militaiy service,we will not have the
Wardship of the Heir or Land,
which belongs to another man's Fee,
by reason of what he holds of us by
Fee Farm, Socage, or Burgage : Nor
will we have the Wardship of the Fee
Farm, Socage, or Burgage, unless
the Fee Fann is bound to perform
Militaiy service.
XLIV.
87
3Iag.n'a Carta.
OF
KlXG JoH.V.
Nos non habebimus custodiam We will not have the Wardship
88
STATUTES AT LARGE
Magna Carta hercdis vel terre aliciijus quam
KingJohx tenet de alio per servitium militare,
occasione alicujus parve sergeiiterie,
quam tenet de nobis per servitium
reddendi nobis cultellos, velsagittas,
vel hujus modi.
XLV.
Nullus ballivus ponat de cetero
aliquem ad legem, simplici loquela
sua, sine testibus fidelibus ad hoc
inductis.
XLVL
Nullus liber homo capiatur, vel
imprisonetur, aut disseisietur, aut
utlegatur, ant exuletur, aut aliquo
raodo destruatur ; nee super eum
ibimus,nec super eum raittemus, nisi
per legale judicium parium suorum,
vel per legem terre.
XLVIT.
Nulll vendemus, nulli negabimus,
aut difFeremus rectum aut justiciam.
of an Heir, nor of any Land which he
holds of another by Military service,
by reason of any Petit-Serjeanty he
holds of us, as by the service of
giving us Arrows, Daggers, or the
hke.
XLV.
No Bailiff for the future shall put
any man to his Law, upon his single
accusation, without credible witnes-
ses produced to prove it.
XLVL
No Freeman shall be taken, or
imprisoned, or disseised, or outlawed,
or banished, or any ways destroyed ;
nor will we pass upon him, or commit
him to prison, unless by the legal
Judgement of his Peers, or unless
by the Law of the Land.
XLVIL
We will sell to no man, we will
deny no man, or defer Right or Jus-
tice.
XLVIII.
Omnes mercatoreshabeant salvum
et securum exire de Anglia, et veni-
re in Angliam, et morari et ire per
Angliam, tam per terram quam per
aquam, ad emendum et vendendum,
sine omnibus malis toltis, per anti-
quas et rectas consuetudines, pre-
ter quam in tempore guerre, et si
sint de terra contra nos guerrina.
XLIX.
XLVIIL
All Merchants shall have safe and
secure conduct to go out of and to
come into England, and to stay
there, and to pass, as well by Land
as by Water, to buy and sell by the
antient and allowed customs, without
any evil Toll, except in time of War,
or when they shall be of any Nation
in War with us.
XLIX.
Et si tales inveniantur in ten'a
nostra in principio guerre, attachi-
entur sine dampno corporum et
reaaim, donee sciatur a nobis vel
capitali Justiciario nostro quomodo
Mercatores terre nostri tractentur
qui tunc invenientur in terra contra
nos gueiTina ; et si nostri salvi
sint ibi, alii salvi sint in terra nostra.
And if there shall be found any
such in our Land in the beginning
or a War, they shall be attached
without damage to their bodies or
goods, until it may be known unto us
or our Chief Justiciary, how our
Merchants be treated in the Nation
at War with us ; and if ours be
safe there, theirs shall be safe in our
Lands.
OF SOUTH CAROLINA.
89
Llceat uiiiciiicnu" Je cotero oxire
tie regno iiostro ct retlire, salvo et
secure per tcrram et per aquam,
salva fide nostra, nisi tempoi-e guer-
re perali([uo(l breve tempus propter
communcin utilitatem regui, exccp-
tis imprisouatis et utlagatis, secun-
dum legem regni, et gcnte do terra,
contra nosguerrina, et Mercatoribus
de quibus fiat sicut predictum est.
It shall l)e lawfuU foi' the time to
come, for any one to go out of our
Kingdom, and return safely and
securely by Land or by Water,
saving his Allegiance to us ; unless
in time of War by some short space
for the benefit of the Kingdom,
except Prisoners and Outlaws accor-
ding to the Law of the Land, and
peo}>le in War with us, and Mer-
chants who shall be is such condition
as is above mentioned.
Magna Carta
OF
Ki.Nf; John.
LL
Si quis tenuerit de aliqua Escaeta.
sicut de houore Walingeford, No-
tingeham, Bononia, Laincastrie, vel
de aliis Escaetis que sunt in manu
nostra, et sunt Baronie, et obierit,
heres ejus non det aliud Relevium,
nee facial nobis aliudServitium quam
fecerit Baroni, si Baronia ilia esset in
manu Baronis, et nos eodem modo
earn tenebimus quo Baro earn tenuit.
LII.
Homines qui manent extra fores-
tam.non veniant de cetero coram jus-
ticiariis nostris de Foresta per com-
munes summonitionei^, nisi sint in
placito, vel Pleggii alicujusvel aliqu-
orum qui attachiati sint pro foresta.
LIU.
Nos non faciemus .Tusticiarios,
Constabulaiios,Vice-comites,velBal-
livos nisi de talibus qui sciant legem
regni, et eam bene velint observare.
LIV.
Omnes Baroncs qui fundaverunt
Abbatias unde habent cartas regum
Anglie, vel antiqnnm teniuam, habe-
runt earum custodiam, cum vacave-
rint, sicut habere debent.
VOL. L— 12.
LL
If any man holds of any Escheat,
as of the Honour of Wallingford,
Nottingham, Bologne, Lancaster, or
of other Escheats which are in our
hands, and aie Baronies, and dies,
his heir shall not giA'e any other re-
lief, or pei'form any other service to
us than he would to the Baron, if the
Barony were in possession of the
Baron ; we will hold it after the
same manner the Baron held it.
LIL
Those men who dwell without the
forest, from henceforth shall not
come before our Justiciaiies of the
forest upon summons, but such as
are impleaded or are pledges for any
that were atached for something
concerning the Forest.
LIU.
We will not make any Justicia-
ries, Constables, Bailiffs or Sheriffs,
but what are knowing in the Laws
of the Realm, and are disposed duly
to observe it.
LIV.
All Barons who are founders of
Abbies, and have Charters of the
Kings of England for theAdvowson,
or are entitled to it by antieiit te-
nure, may have the custody of them,
when void, as they ought to have.
90
STATUTES AT LARGE
Magna Carta
OF
King John.
LV.
Omnes Foreste que aforestate sunt
tempore nosti-o, statim disafibr-
estentur; et ita fiat de Ripariis que
per nos tempore nostro posite sunt in
defense.
LVI.
Omnes male consuetudinesdeFo-
restis, AVari'ennis, et de Forestariis
et Warennariis, Vice-comitibus et
eorum ministris, Ripariis et earum
custodibus, statim inquirantur in
quolibet comitatu per duodecim mi-
lites juratos de eodem Comitatu, qui
debent eligi per probos homines
ejusdem comitatus; et infra quadia-
ginta dies post inquisitionem factam,
penitus, ita quod nvmquam revocen-
tur, deleantur.
LVII.
Omnes obsides et cartas statim
reddemus que liberate fuerunt nobis
ab Anglicis in sccuritatero pacis, vel
fidelis seiTitii.
LVIII.
Nos amovebimus penitus de balli-
viis parentes Gerardi de Athyes,
quod de cetero nullam habeant bal-
liviam in Anglia; Engelardum de
Cygony, Andream,Petrum, et Gyo-
nem de Cancell, Gyonem de Cygo-
ny, Galfridum de Martini, et fratres
ejus, Philippum Markum et fratres
ejus, et Galfridum nepotem ejus, et
totam sequelameorundem.
LIX.
Et statim post pacis reformation-
em, amovebimus de regno omnes
alienigenas Milites, Balistiarios, ser-
vientes stipendiaries, qui venerint
cum equis et armis ad nocumentum
resmi.
LV.
All woods that have been taken
into the forests, in our own time,
shall forthwith be laid out again,
and the like shall be done with the
rivers that have been taken or fenced
in by us, during our reign.
LVL
All evil customs concerning Fo-
rests, Warrens, and Forresters, War-
reners, Sherifis and their Officers,
Rivers, and theii- Keepers, shall forth-
with be enquired into in each Coun-
ty, by twelve Knights of the same
Shire, chosen by the most creditable
Persons in the same County, and up-
on oath ; and within foity days after
the said Inquest, be utterly abolish-
ed, so as never to be restored.
LVIL
We will immediately give up all
hostages and engagements, delivered
unto us by our English subjects as
securities for theirkeeping the peace,
and yielding us faithful seiTice.
LVIIL
We will entirely remove from our
Bailiwicks the relations of Gerard
de Athyes, so as that for the future
they shall have no Bailiwick in Eng-
land. We will also remove Engelard
de Cygony, Andrew, Peter, and Gy-
on de Canceles, Gycm de Cygony,
Geoffry de Martyn and his brothers,
Philip Mark and his brothers, and
hisnejihew Geoffrey, and their whole
Retinue.
LIX.
And as soon as Peace is restored,
we will send out of the kingdom all
foreign soldiers, crossbowmen, and
stipendiaries, who are come with
horses and arms, to the injury of our
people.
OF SOUTH CAROLINA.
91
LX.
Si qui fuorlt. dissirisilns,* vcl elon-
gatus per iios, sine! legiili judicio p;i-
rium suorum, dc terris, castollis,
libeitatibus, vcl jure suo, statim ca
ei restiUuimus; ct si conteiitio super
hoc orta I'ucrir, tunc iudo fiat per ju-
dicium visrinti quiiuiuo l5aronum, de
quil)Us fit mcutio luf'erius in securi-
tate jiacis.
LXI.
De omnibus aulem illis de quibus
aliquis disseisitus fuei'it, vel elonga-
tus.siue legalijudicio parium suorum,
per Henricum regcm patrem nos-
trum, vel per Ricardum regem fra-
trem nostrum, que in manu nostra
habemus, vel que alii lenent, que nos
oporteat warantizare, respectum
habebimus usque ad communem ter-
minum Cruce-signatorum. Excep-
tis illis de quibus placitum motum
fuif, vel inquisitio facta per pi-eccp-
tum nostrum, ante susceptionem
crucis nostre ; cum autem rediei'i-
mus de peregrinatione nostra, vel si
forte remanserimus a peregrinatione
nostra, statim inde plenam justiciam
exhibebimus.
LXII.
Eundem autem respectum habebi-
mus, de forestis deafforestandis, quas
Henricus pater noster, vel llicardus,
frater noster afforestaverunt ; ct de
custodiis terrarum que sunt de alieuo
feodo, cujusmodi custodias luicus(jue
habuimus, occasione fcodi cpiod ali-
quis de nobis tenuit per servitium
militare, et de Abbatiis que fundate
fuerint in feodo alterius quam nostro,
in quibus dominus feodi dixerit se
jus habere; et cum redierimus, vcl
si remanserimus a peregiinatione
nostra, super hiis conquerenlibus
plenam justiciam statim exhibebi-
mus.
LX.
If any one h;itl) been dispossessed,
or dc!j)rivcd by us without the legal
judgm(Mit of his Peers, of his lands,
castles, liberties or right, we will
forthwith restore them to him; and if
any dispute arises upon this head, let
the matter be decided l)y the five and
twenty Barons hereafter mentioned,
lor the preservation of the j^cace.
LXI.
As for all those things, of which
any person has without the legal
judgment of his Peers, been dispos-
sessed or dejjrived, either by King
Heniy oiir Father, or our brother
King Richard, and which we have in
ourhands,or are possessed by others,
and we are bound to warrant and
make good, we shall have a respite
till rhe Term usually allowed the
Croises; excepting those things about
which there is a suit depending, or
whereof an Inquest hath been made
by our Order, before we vmdertook
the Crusade. But when we return
from our Pilgrimmagc, or if we do
not jDerfonn it, we will immediately
cause full justice to be administered
therein.
LXIL
The same respite we shall have
for disafforesting the Forests, which
Henry our Father, or our brother
Richard have aflbrested ; and for the
Wardship of lands which are in
another's fee,in the same manner as
we have hitherto enjoyed these
Wardships, by reason of a fee held
of us by Knight's service, and for the
Abbies founded in any other fee than
our own, in which the Lord of the
fee claims a right : And when we re-
turn from our Pilgrimmage, or if W3
should not jierform it, we will imme-
diately do full justice to all the com-
plainants in this behalf.
Magna .Carta
OF
KlN(i Joii.v.
* In the original it is siomctimes dissaisutus.
93
STATUTES AT LARGE
Magna Carta
OF
KiN'G John.
LXIII.
Nullus capiatur nee imprisonetiir,
propter appellum femiiie, de morte
ulterius quam viri sui.
LXIV.
Omnes fines qui inju'^te et contra
legem terre facti sunt nobiscum, et
omnia amerciamenta facta irijuste et
contra legem terre, omnino condo-
nentur, vel fiat inde per judicium
viginti quinque Baronum de quibus
fit meutin inferius in securitate pacis,
vel perjudicium majoris partis eorun-
dem, una cum predicto Stephano
Cantuariensi Archiepiscopo,si inter-
esse poterit, et aliis quos secum ad
hoc vocare voluerit; et si interesse
non poterit, nibilominus procedat
negotium sine eo. Itaquod si aliquis
vel alicjui, de predictis viginti quin-
que Baronibus, fuei'int in simili que-
rela, amoveantur, quantum ad hoc
judicium, et alii loco illorum per re-
siduos de eisdem viginti quinque
tantuni ad hoc faciendum electi, et
jurati substituantur.
LXV.
Si nos disseisivimvis, vel elongavi-
mus Walenses deteiris, vel liberta-
tibus, vel rebus aliis, sine legali ju-
dicio parium suorum, eis statim,red-
dantur ; et si contentio super hoc
orta fuerit, tunc inde fiat in Marcia
per judicium parium suorum ; de
tenementis Anglie, secundem legem
Anglie ; de tenementis Wallie, se-
cundem legem Wallie; de tenemen-
tis Marchie, secundem legem Mar-
chie ; idem facient Wallensis nobis
et nostris.
LXVI.
De omnibus autem illis de qui-
bus aliquis Wallensium disseisitus
LXIII.
No man shall be taken or impri-
soned vqion the appeal of a Woman,
for the death of any other man than
her husband.
LXIV.
All unjust and illegal fines, and all
Amerciaments, imposed unjustly and
contrary to the law of the land, shall
be entirely forgiven, or else left to
the decision of the five and twenty
Barons hereafter mentioned for the
preservation of the peace, or of the
major part of them, together with
the foresaid Stephen Archbishop of
Canterbury, if he can be present, and
others whom he shall think fit to take
along with him ; And if he cannot be
present, the business shall neverthe-
less go on without him; but so that, if
one or more of the fi\'e and twenty
Barons aforesaid be plaintiffs in the
same cause, they shall be set aside as
to what concerns this particular af-
fair, and others be chosen in their
room out of the said five and twenty,
and sworn by the rest to decide that
matter.
LXV.
If we have disseised or disposses-
sed the Welsh, of any Lands, libei--
ties, or other things, without the le-
gal Judgment of their Peers, they
shall be immediately restored to
them. And if any dispute arises
upon this head, the matter shall be
determined in the Marches, by the
Judgment of their Peers ; For tene-
ments in England, according to the
law of England; for tenements in
Wales, according to the law of
Wales ; for tenements in the March-
es, accoiYling to the law of the
Marches ; The same shall the Welsh
do to us and our subjects,
LXVI.
As for all those things, of which
any Welshmen hath, without the
OF SOUTH CAROLINA.
93
fuerit, vel elonc^atus sine Icgali jucli-
cio parium siioiuni, por Henricxim
legem patroni iiostiuin, vel Ricard-
um regem fnitrem nostrum, que nos
in maim nostra habemus, vel que
alii tenent, (pie nos o))orteat waran-
lizare, rcspeetum liabebimus usque
ad communem teiminum cruce-sig-
natorum ; illis exceptis de quibus
placitum motum fuit, vel inquisitio
facta per precej)tum nostrum ante
susceptionem nostre crucis ; cum au-
tem redierinuis, vel si forte reman-
serimus a peregiinatione nostra,
statim eis inde jilenam justiciam ex-
lubebimus, secundem leges Wallen-
sium, et partes predictas.
legal judgment of liis Peers been Magna Carta.
disseised or deprived, by King Hen- jf,^.,; jon^.
ry our Father, or our JJrotber King
Richard, and which we either have
in our hands, or others are possessed
of, and we are obliged to warrant it;
we shall have a respite till the time
generally allowed the Croises ; ex-
cepting those things about which a
suit is pending, or whereof an In-
quest has been made by our Order,
before we xmdertook the Crusade.
But when we return, or if we stay
at home, and do not perform our
pilgrimage, we will immediately do
them full Justice according to the
laws of the Welsh, and of the jiarts
afoi'ementioned.
LXVII.
Lxvir.
Nos reddemus filium Lcwelini
statim, et omnes obsidcs de Wallia,
et cartas que nobis liberati fuerunt
in securitate pacis.
LXVIII.
We will without delay dismiss the
son of Lewelin, and all the Welsh
Hostages, and release them from
the engagements they entered into
with us for the preservation of the
peace.
Lxviir.
Nos faciemus Alexandri Regi
Scottorum, de soi'oribus suis et ob-
sidibus reddendis, et libertatibus
suis, et jure suo, secundum formam
in quam faciemus aliis Baronibus
nostris Anglle;nisi aliter esse debeat
per cartas quas habemus de Williel-
mo patre i])sius, quondam rege Scot-
torum ; et hoc erit per judicium pa-
rium suorum in curia nostra.
We shall treat with Alexander,
King of Scotts, concerning the res-
toring of his Sisters, and Hostages,
and Rights and Liberties, in the
same form and manner as we shall
do to the rest of our Barons of Eng-
land; unless by the engagements
which his Father William, late King
of Scotts, hath entered into with us,
it ought to be otherwise; and this shall
be left to the determination of his
Peers in our Couit.
LXIX.
Omnes autem istas consuetudines
predictas et libcrtates quas nos con-
cessimus in regno nostro tenendas,
quantum ad nos pertinet erga nos-
tros omnes de regno nostro, tam
clerici quamlaici observent, quantum
ad se pertinet erga suos.
LXIX.
All the aforesaid customs and lib-
erties which we have granted, to be
holden in our Kingdom, as much as
it belongs to us towards our people ;
all our subjects, as well Clergy as
Laity, shall observe as far as they
are concenied, towards their depen-
dants.
94
STATUTES AT LARGE
Magna Carta
OF
King John.
LXX.
Cum autem pro Deo et ad emen-
dationem regni nostri, et ad melius
sojjiendam discordiam inter nos et
Barones nostros ortam, hec omnia
predicta concessimus; voientes ea
inteofra et firma stabilitate araudere,
facimus et concedimus eis securita-
tem subscriptam : videlicit quod
barones eligant viginti quinque baro-
nes de regno, quo voluerint, qui
debeant pro totis viribus suis, obser-
vare, tenei'e, et facerc observare,
pacem et libertates quas eis conces-
simus, ct hac presenti carta nostra
confirmavimus. Ita scibcet quod si
nos, vel justiciarus noster, vel Ballivi
nostri, vel aliquis de Ministris nostris,
in aliquo erga aliquem, articulorum
pacis aut securitatis transgressi fue-
remus, et delictum ostensum fuerit
quatuor baronibus de predictis vi-
ginti quinque baronibus, illi quatuor
barones accedant ad nos, vel ad
justiciarium nostrum si fuerimus
extra regnum, proponentes nol)is
excessum, petentut excessum illium
sine dilatione faciamus emendari;
et si nos excessum non erpendave-
rimus, vel si fuerimus extra regnum,
justiciarius noster non emendaverit,
infra tempus quadraginta dierum,
computandum a tempore quo mon-
stratum fuerit nobis vel justiciario
nostro, si extra regnum fuerimus,
predicti quatuor Barones referant
causam ill am ad residuos de viginti
quinque Baronibus, et illi viginti
quinque Barones, cum communa
totius terre, distringent et gravabunt
nos mod is omnibus quibus poterunt;
scilicet per captionem castrorum, ter-
rarum, possessionum, et aliis modis
quibus poterunt, donee fuerit emen-
datum secundum arbitrium eorum ;
salva persona nostra, et Regine nos-
tre, et liberoioim nostronim; et cum-
fuerit emendatum intendent nobis
sicut prius fecerunt.
LXX.
And whereas for tlie honour of
God, and the Amendment of our
Kingdom, and for quieting the Dis-
cord that has arisen between us and
our Barons, we have granted all the
things aforesaid ; willing to render
them firm and lasting, we do give
and grant our subjects the following
security ; namely, that the Barons
may chose five and twenty Barons
of the Kingdom, whom they shall
think convenient, who shall take
care with all their Might to hold and
observe, and cause to be observed,
the Peace and Liberties we have
granted them, and by this our
present Charter confirmed. So as
that, if we, our Justiciary, our Bai-
liffs, or any of our Officers, shall in
any case fail in the performance of
them towards any Person ; or shall
break through any of these Articles
of Peace and Security, and the
offence is notified to four Barons,
chosen out of the five and twenty
aforementioned, the said four Barons
shall repair to us, or to our Jus-
ticiary if we are out of the Realm,
and laying open the Grievance, shall
petition to have it redressed with-
out delay ; and if it is not redres-
sed by us, or, if we should chance
to be out of the Realm, if it is
not redressed by our Justiciary
within Forty Days reckoning from
the time it has been notified to us,
or to our Justiciary if we should be
out of the Realm ; the four Barons
aforesaid shall lay the cause before
the rest of the five and twenty
Barons ; and the said five and twen-
ty Barons, together with the Com-
munity of the whole Kingdom, shall
distrein and distress ixs in all the
ways possible ; namely, by seising
our Castles, Lands, Possessions, and
in any other manner they can, till the
greivance is redressed to their plea-
sure, saving harmless our own Per-
sons, and the Persons of our Queen
and Children ; and when it is redres-
sed they shall obey us as before.
OF SOUTH CAROLINA.
95
LXXf.
Et quicun(|uc voluerit de terra,
juret, (luod acl |)rc(lict;i omnia exe-
quciula parebit maiulatis prctlicto-
rum vigiiiti quinqiie baronum, et
quod giavabit nos ])ro posse suo
cum ipsis ; et publico ot libere
damus licentiam juraiidi cuilibet qui
jurare vohiorit, et uuUi unquam ju-
rare prohibcbimus.
LXXII.
Omnes autcm illos de terra qui
per se et sponte sua uoluerint jurare
viginti quinque baroiiibus de dis-
tringendo et gravando nos cum eis,
faciemus jurare eosdem de mandate
nosti'O, sicut predictum est.
LXXIII.
Et si aliquis de viginti quinque
baronibus decesserit, vel a terra
recesserit, vel ali(]uo alio mode im-
peditus fuerit, quo minus ista pre-
dicta possent exequi, qui residui
fuerint de predictis viginti quinque
baronibus, eligant alium loco ipsius,
pro arbitrio suo, qui simili modo
erit juratus quo et ceteri.
LXXIV.
In omnibus autem, que istis vigin-
ti quinque baronibus committuntur
exequenda, si foite ipsi viginti quin-
que presentes fuerint, et inter se
super re aliqua discordaverint, vel
aliqui ex eis summoniti, nolint vel
nequeant interesse, ratum habeatur
et firmum quod major pars eoruin
qui presentes fuerint provident, vel
preceperit, ac si omnes viginti quin-
que in hocconsensissent, et predicti
viginti quinque jurent quod omnia
antedicta fideliter ol)servabunt et
pro toto posse suo facient obse-
vari.
LXXI.
And any person whatsoever in the
Kingdom may swear, that he will
obey the orders of the five and twen-
ty Bai'ons aforesaid, in the execution
of the Premises, and that lu; will
distress us, jointly with them, to the
utmost of his power; and we give
public and free Liberty to any one
that will swear to them, and never
shall hinder any person from taking
the same Oath.
Lxxn.
As for all those of our subjects,
who will not of their own accord,
swear to join the five and twenty
Barons, in distreiningand distressing
us, we will issue our order to make
them take the same Oath, as afore-
said.
Lxxin.
And if any one of the five and
twenty Barons dies, or goes out of
the Kingdom, or is hindered any
other way, from putting the things
aforesaid in execution, the rest of
the said five and twenty Barons may
choose another in his room, at their
discretion, who shall be swona in
like manner as the rest.
LXXIV.
In all things that are committed
to the charge of these five and twen-
ty Barons, if, when they are all as-
sembled together, they should hap-
pen to disagree about any matter;
or some of them summoned wilTnot,
or cannot come, whatever is agreed
upon, or enjoyned by the major part
of those who are jn'esent, shall be
reputed as firm and valid, as if all
the five and twenty had given their
consent; and the foresaid five and
twenty shall swear that all the Prem-
isses they shall faithfully obser\-e,
and cause with all their power to be
observed.
Magna Carta
OF
King John.
96
STATUTES AT LARGE
Magna Carta
OF
King Joim.
LXXV.
Et nos nicliil impctrabimus ab
aliquo, per nos, nee pci' alium, quod
aliqua istarum concession um et
libertatum revocelur vel minuatur;
et si aliquicl tale impetratum fuerit,
irritum sit et inane ; et nunquam eo
utemur per nos nee per alium.
LXXVI.
Et omnes malas voluntates, indig-
nationes, et rancores ortos inter nos
et homines nostros, clericos et
laicos, a tempore discordie, plene
omnibus remisimus et condonavimus.
Preterea, omnes transgressiones fac-
tas occasione ejusdem discordie, a
pascha anno regni nostri sexto deci-
mo, usque ad pacem reformatam,
plene remisimus omnibus cleiicis
et laicis, et quantum ad nos pertinet
plene condonavimus.
LXXVII.
Et insuper, fecimis eis fieri litte-
ras testimoniales patentes domini
Stephani Cantuariensis, Archiepis-
copi, domini Henrici Dubliniensis,
Areliiepiscopi, et episcoporum pre-
dictoruin, et magistri Pandulphi, su-
per securitate ista, et concessionibus
jirefatis.
LXXVIIT.
Quare volumus et firmiter precip-
imus, quod Anglicana ecclesia libe-
ra sit, et quod homines in regno nos-
tro habeant et teneant, omnes prefa-
tas libertates, jura et concessiones,
bene, et in pace, libere, et quiete,
plene, et integre, sibi et heredibus
suis, de nobis et heredibus nostris,
in omnibus rebus et locis in perpe-
tuum, sicut predictum est.
LXXIX.
Juratum est autem tam ex parte
nostra, quam ex parte baronum, quod
hec omnia supradicta, bone fide, et
sine male ingenio observabuntur.
LXXV.
And we will not, by ourselves
or others, ])rocure any thing, where-
by any of" these Concessions and
Liberties be revoked, or lessened;
and if any such thing be obtained,
let it be null and void ; neither shall
we ever make use of it, either by
ourselves or any other.
LXXVL
And all the illwill, anger, and
malice that hath arisen between us
and our subjects of the Clergy,
and Laity, from the first breaking
out of the dissension between us,
we do fully remit and forgive. More-
over, all Trespasses occasioned by
the said dissension, from Easter in
the sixteenth year of our reign, till
the restoration of peace and tran-
quility, we hereby entirely remit to
all, Clergy as well as Laity, and as
far as in us lies, do fully forgive.
LXXVII.
We have moreover granted them
our Letters Patents testimonial of
Stephen Lord Archbishop of Can-
terbury, of Henry Lord Archbishop
of Dublin, and the Bishops afore-
said, as also of Master Pandulph, for
the security and concessions afore-
said.
LXXVIII.
Wherefore we will, and firmly
enjoin, that the Church of England
be free, and that all men in our
Kingdom, have and hold, all the
foresaid Liberties, Rights and con-
cessions, truly and peaceably, freely
and quietly, fully and wholly, to
themselves and their heirs, of us
and our heirs, in all things and places
forever, as is aforesaid.
LXXIX.
It is also sworn, on as well on our
part as upon the part of the Barons,
that all the things aforesaid shall
faithfully and sincerely be obsers^ed.
OF SOUTH CAROLINA.
97
Testibus suprndic tis, ct multis Given under our Imnd, in tho pro- ^Iagna Carta
aliis. Data per Tnaniun nostrum in sence of the witnesses above named v.^-^r.-v.
1 n • 1 * 1 1 • 1 nr 1 KIN'. J'JIIN.
prato quod vocatiii- Rumungmcdc * and many otliers, m the Meadow
inter Windelesor et Staines, (juinto called Runingmedc, between Win-
decimo die Junii, anno regni nostri delsore and Staines, the 17th day of
scptimodocimo.t June, in the 17th year of our Reign.
* Runningmode : in some copies, Runimede.
t This is copied by Rapiii, and is conformable to llie exemplar in p. 9 of the Statutes of the
Realm.
In page 229 of the Penny Magazine for the year 1833, tliere is a copy of the original seal of
King John to Magna Charta ; and a opecimcn of a fac simile of the writing of Magna Charta,
beginning at the passage Nullus liber homo capietur vel imprisonetur, ^c.
In that account of Magna Charta, Runnymead is derived from
1. Ruiiningmead ; because it has been used as a race ground. But there is no proof of race?
having been held there in the time of King John.
2. Runcmcde; from Rune, a place of Council. It having been used, as the writer says, as a
place of council or conference before this occasion.
3. My own opinion is (knov^ing the locality well, having been there repeatedly, and at Cooper's
Hill,atthe bottom of which, and between the Ilill and the Thames, this meadow lies) it was call-
ed Runnhifi Mead, or meadow ; from the small rivulets in it, in wet weather. It being a moi.Jt
and marshy meadow, bordering the river Thames, about 21 miles from London. It would be
dry enough as a place of meeting in the middle of June, when the Barons met there. Cooper's
Hill, which overlooks this meadow, is the place celebrated in the verses of Sir John Denham ;
whose beautiful description of the Thames from thence is no less accurate than poetical :
'• The' deep yet clear ; though gentle yet not dull ;
" Strong without rage, without o'erflowing full."
The present popular name of the place i.s Runnymead.
The London engraved edition of the fac simile of Magna Charta (of which the Editor has a
copy) is surrounded by the Courts of Arms, emblazoned in colours, of the Barons who formed
the Committee appointed by that Instrument.
VOL. L— 13.
m STATUTES AT LARGE
CONTENTS OF THE STATUTE OF 25 EDW. PK
RECITING AND CONFIR^IING THE GREAT CHARTER OF 9th HENRY 3<J,
A. D. 1297.
Chapt. or Sect. 1. A confirmation ofliberties ofthe Church and of Freemen,
Sect. 2. The relief of the King's tenant at full age.
Sect. 3. Wai'dshipof an heir within age ; the heir of a Knight.
Sect. 4. No waste shall he made by a guardian on ward's lands.
Sect. 5. Guardians shall maintain the inheritance of their wards.
Sect. 6. Heirs shall he m^nied without disparagement.
Sect. 7. A widow shall have her marriage inheritance, and quarantine.
Not to he compelled to marry.
Sect. S. How sureties shall be charged to the King.
Sect. 9, The liberties of London, and other places, confinned.
Sect. 10. None shall distrain for more service than is due.
Sect. 11. Common Pleas shall not follow the King's Court.
Sect. 12. Where and before whom assizes shall be held.
Adjournment in cases of difficulty.
Sect, 13. Assize of Dan-ein presentment.
Sect. 14. How men of all sorts shall be amerced, and by whom.
Sect. 15. Concerning Bridges and Banks.
Sect. 16. Defending Banks.
Sect. 17. Holding pleas ofthe Crown.
Sect. 18. The King's debtor dying, the King shall be first paid.
Sect. 19. Purveyance for a Castle.
Sect. 20. Doing' of Castle Ward.
Sect. 21. Taking of horses, carts and wood.
Sect. 22. How long the King shall hold the lands of felons.
Sect. 23. In what places Weirs shall be thrown down.
Sect. 24. In what cases praecipe in capite is not grantable.
Sect. 25. There shall be but one measure throughout the Realmj like-
wise one weight.
Sect. 26. Concerning Inquisition of life and member.
Sect. 27. Where there is tenure of the King in socage and tenure of
another by Knight's service. Of Petit Serjeantry.
Sect. 28. No wager of law to be demanded without a witness.
Sect. 29. No man shall be condemned without trial by his Peers, or by
the law of the Land. Right and Justice shall neither be de-
nied, sold, or delayed.
Sect. 30, Merchant strangers shall be well used.
Sect. 31. Tenure of a barony coming to the King by escheate.
Sect, 32. Lands shall not be aliened to the prejudice of the Lords ser-
vice.
OF SOUTH CAROLINA. 5>j
Sect. 33, Patrons of Abhies shall have custody of them when vacant. Contentb
Sect, 34. A vvom:m shall have appeal of death fur her husband omIv ,» °*"
Sect, 35. When the County Court, the Sheriff's Torn, and the Court ^^^''"^/^^"^
Leet shall be held. 25 Ej)ward L
Sect. 36. No land shall be given in Mortmain.
Sect, 37. A subsidy granted to the King in consideration of this Charter,
and the Charter of the Forrest.
Schedule of Confirmation by King Edward 1st, in the 25th year of his
Reign.
100
STATUTES AT LARGE
MAGNA CARTA REGIS ED WARD I I.
XII « DIE OCTOBRIS, ANNO REGNI XXV.
A. D. MCCXCVII.
Ex Magno rotulo Statutorum in Turrc Londmi, in 40. 39. 38.
Edwardus, Dei gratia. Rex Ang-
iie,Diix Hibei-nie, et Domiiius Aqui-
tanie ; omnibus ad quos presentes
litei-e pervenerint,Salutem. Inspex-
imus Magnam Chartam Domini
Henrici, quondam regis Anglie, j^a-
tris nostri, de libertatibus Anglie in
hec verba ;
Henricus, dei gratia rex Anglie,
dominus Hibernie, dux Normannie,
Aquitanie, et comes Andcgavie ; ar-
cliiepiscopis, episcopis, abbatibuy,
prioribus, comitibus, baronibus, vice-
comitibus.prepositis, niinistris,et om-
nibus ballivis,etfidclibussuis present-
em chartam iaspecturis,salutom. Sci-
atisquod nos, intuitu dei, et pro salute
anime nostre, et animarum anteesso-
rum et successorura nostrorum, ad
exaltionem sacre ecclesie, et emen-
dationem regni nostri, spontanea et
bona voluntate nostra, dedimus et
concessimus arcbiepiscopis, Episco-
pis, abbatibus, prioribus, comitibus,
baronibus, et omnibus de regno, has
libertates subscriptas tenendas in reg-
no nostro Anglie imperpetuum.
Edward, by the Giace of God,
King of Eiialand, Lord of Leland,
and Duke of Guyan, to all to whom
these present letters shall come.
Greeting. We have seen the Great
Chaiter of the Lord Henry, some-
times King of England, our father,
of the Liberties of England, in these
words :
Hznry, by the Grace of God, King
of England, Lord of Ireland, Duke
of Normal. dy and Guyan, and Earl
of Anjou : To tlie Archbisliops, Bi-
shojjs. Abbots, Priors, Earls, Eai'ons,
Sheriffs, Provosis, Gfficei's, and to all
Bailiffs, and other our faithful sub-
jects which shall see ihis present
Charter, greeting. Know ye. That
we, unto the honour of Almighty
God, and for the salvation of our
soul, and the souls of our progeni-
tors and successors, Kings of Eng-
land, to the advancement of Holy
Church, and the amendment of our
Realm, of our meer free will, have
given and granted to all Archbishops,
Bishops, Abbotts, Priors, Earls,
Barons, and to all freemen of this
our Realm, these Liberties following,
to be kept in our Kingdom of Eng-
land forever.
I.
In primis concessimus Deo, et First,we havegi-anted to God, and
hac present! charta nostra confirma- by this our present Charter, have
OF SOUTH CAROLINA.
101
vim\i9, Y>YO nobis et herc(lil)us iiostris
iin[)ttrpctuiini,(iu(i(lecclc.sia Aiiglica-
na libera sit, et habeat omnia jura
sua intcgra, et liberlates suas illesas.
Concessimus cciam et dedimus om-
nibus liberi.s liominibus regni nostri,
pro nobis et heredibus nostris im-
perpetuum, has libertatcs subscrip-
tas, habcndas et tenendas eis et he-
redibus suis, de nobis et heredibus
nostris.
II.
Si quis Comitum, vel Baronum
nostrorum sivc aliorum tenencium de
nobis in capile, j)er servicium mili-
tare, mortuus fuerit, et cum deces-
serit, lieres ejus j)lene etatis fuerit
et relevium debeat, habeat heredita-
tem suam per antiquum relevium ;
scilicet, heres vel heredes Comitis
de Comitatu integro per centum li-
bras ; heres vel heredes Baronis de
Bai'onia integra, per centum marcas;
heres vel heredes Militis de feodo
Militis integro, per centum solidos
ad plus ; et qui minus habucrit, mi-
nus det, secundum antequam consu-
etudinem feodorum.
III.
Si autem heres alicujus talium in-
fra etatem fuerit, dominus ejus non
habeat custodiam ejus, nee terre sue
antequam homagium ejus cepit : et
postquara talis heres fuerit in custo-
dia, cum ad etatem pervenent, scdi-
cit viginti et univis anni, habeat he-
I'editatem suam sine relevio, et sine
fine; ita tum quod si ipse dum infra
etatem fuerit, fiat Miles, nichilomi-
nus terra I'emaneat in custodia dom-
inorum suorum, usque ad tcrminum
pi-edictum.
IV.
Custos terre hujusmodi heredis
qui infra etatem fuerit non capiat de
terra heredis nisi rationabiles exitus
et rationabiles consuetudines, et ra-
tionabilia sei-vitia, et hoc sine des-
confinned for us and our heirs for- Magna Carta
ever, that the Church of England 25 Edward I.
shall be free, and shall have all her ^~s^^-^^
whole rights and libcrti(,'s inviolable.
We have granted also and given to
all the fiecmen of our llealni, for us
and our heirs forever, these libeitics
underwritten, to have and to hold, to
them and their heirs, of us and our
heirs.
II.
If any of our Earls or Barons, or
any other which hold of us in Chief
by knight's service, die, and at the
time of his death his heir be of full
age, and oweth to us relief, he shall
have his inheritance at the old relief;
that is to say, the heir or heirs of an
Earl, for a whole earldom, by an
hundred pounds ; the heir or heirs
of a Baron, for a whole barony, by
one hundred marks; the heir or heirs
of a Knight, for a whole Knight's fee,
by one hundred shillings, at the most;
and he that hath less shall give less,
according to the old custom of the
fees.
III.
But if the heir of any such be
within age, his Lord shall not have
the ward of him, nor of his land be-
fore that he hath taken of him ho-
mage; and after that such an heir
hath been in ward, when he is come
to full age, that is to say, to the age
of one and twenty years, he shall
have his inheritance without relief,
and without fine. So that if such
an heir, being within age, be made
a Knight, yet nevertheless his Land
shall remain in the keeping of his
Lord, until the term aforesaid.
IV.
The keeper of the land of such
heir, being within age, shall not
take of the lands of the heir but
reasonable issues, reasonable cus-
toms, and reasonable services ; and
102
STATUTES AT LARGE
Magna Carta truccione et vasto hommum vel re-
OF T7<^ • ■ •
25 Edwakd I ^'^'^' Ji'tsinos commisenmus cus-
todiam alicujus talis terre viceco-
miti vel alicui alii (jui de exitibiis
terre illius nobis debeat respondere,
et ille de cuslodia dostruccionem et
vastum fecerit, nos ab eo capiemus
emendam, et terra committatur duo-
bus legalibus et discretis liominibus
de feodo illo, qui de exitibus terre
illius nobis respondeant, vel illi cui
illos assignaverimus. Et si dede-
rimus vel vendiderimus alicui custo-
diam alicujus talis terre, et ille inde
destruccionem fecerit vel vastum,
amittat illam custodiam et tradatur
duobus legalibus et discretis bomi-
nibus de feodo illo, qui similiter no-
bis respondeant, sicut predictum est.
V.
that without destruction or waste of
his men and his goods. And if we
commit the custody of any such
land to the Sheriff', or to any other
which is answerable unto us for the
issues of the same land, and if he
makes destruction or waste of those
things which he hath in custody, we
will take of him amends and recom-
pense therefore, and the land shall
be committed to two lawful and dis-
creet men of that fee, which shall an-
swer unto us for the issues of the
same land, or unto him to whom we
shall have assigned them ; and if
we give or sell to any man the cus-
tody of any such land, and he there-
in do make destruction or waste, he
shall lose the same custody; and it
shall be assigned to two lawful and
discreet men of that fee, which also
in like mar.ner shall be answerable
to us, as afore is said.
V.
Custos autem quamdiu custodiam
lerre hujusmodi habuerit, sustentet
domes parcos vivaria stagna molen-
dina et cetera ad terram illam per-
tinentia de exitibus terre ejusdem,
et reddat heredi cum ad plenam
etatem perveneiit terram suam to-
tam instauratam de carucis, et de
omnibus aliis rebus ad minus sicut
illam recepit. Hec omnia observen-
tur de custodiis Archiepiscopatuum,
Episcopatuum,Abbathiarum,Priora-
tuum, ecclesiarum et dignitatum va-
cantium que ad nos pertinent, ex-
cepto quod custodie hujusmodi ven-
di non debent.
The keeper so long as he hath the
custody of the land of such an heir,
shall keep up the houses, parks,
Avarrens, ponds, mills and other
things pertaining to the said land,
with the issues of the said land ;
and he shall deliver to the Heir,
when he cometh of his full age,
all his land stored with ploughs, and
all other things, at the least as he re-
ceived it. All these things shall be
observed in the custodies of Arch-
bishopricks, Bishopricks, Abbeys,
Priories, Chuiches and Dignities
vacant which appertain to us, ex-
cept this, that such custody shall
not be sold.
VI.
Heredes maritentur absque dis-
paragatione.
VII.
Vidua post mortem mariti sui,
statim et sine difficultate aliqua ha-
beat maritagium suum et heredita-
tem suam, nee aliquid det pro dote
VI.
Heirs shall be
Disparagement.
married without
VII.
A Widow, after the death of her
husband, incontinent, and without
any difficulty, shall have her mar-
riage and her inheritance, and shall
OF SOUTH CAROLINA.
103
sua nee pro maritagio suo nee pro
hereditate sua quam heroditatem
maritus suns et ipsa tenuerunt si-
mul die obitus ipsius mariti sui, ot
maneat in capitali Mesuagio mariti
sui perquadraginta dies post obitum
mariti sui, intra quos dies assigiic-
tur ei di)s sua, nisi prius t'ucrit ei
assignata, vol nisi domus ilia sit Cas-
trum; ct si de castro rccc^sserit do-
mus ei competens statim providca-
lur in qua possit honestc morari
quousque dos sua ei assignetur se-
cundum (]uod predictum est, et ha-
beat rationabile cstoverium suum
interim de communi. Assignetur
autem ei pro dote sua tertia pars to-
tius terre mariti sui quo sua fuit in
vita sua, nisi de minori fuerit dotata
ad ostium ecclesie. Nulla vidua
distringatiir ad se maritandam dum
voluerit vivere sine marito. Ita ta-
men quod securitatem f'aciat quod
se non maritabit sine assensu nos-
tro, si de nobis tenuerit, vel sine as-
sensu domini sui si de alio tenue-
rit.
give nothing for her dower, her Magna Carta
marriage or her inheritance, which 25 Eiavard I.
hcv husband and she held the day
of the death of her husbtind, and
she shall tarry in the chief house of
her husband by forty days after the
death of her husband, within which
days her dower shall be assigned
her, if it were not assigned her be-
fore, or that the house be a castle ;
and if she depart from the castle,
thea a com})etent house shall be
forthwith provided for her, in the
which she may honestly dwell, un-
til her dower be to her assigned, as
is aforesaid ; and she shall have in
the meantime, her reasonable esto-
vers of the common ; and for her
dower shall be assigned unto her
the third part of all the lands of her
husband, which were his during co-
verture, except she were endowed
of less at the Church door. No
Widow shall be dostreined to mar-
ry herself; nevertheless she shall
find surety that she shall not marry
without our license and assent, if
she hold of us, nor without the as-
sent of the Lord, if she hold of
another.
VIIL
Nos vero vel Ballivi nostri non
seisiemus ten-am aliquam vel reddi-
tum pro debito aliquo quamdiu ca-
talla debitoris presentia sufHciant ad
debitum reddendum et ipse debitor
paratus sit inde satisfacere. Nee
pleggii ipsius debitoris distringan-
tur quamdium ipse capitalis debitor
sufficiat ad solutionem ijisius debiti,
et si capitalis debitor defeccrit in
solutione debiti, non habens unde
reddat ant reddere nolit cum pos-
sit, pleggii de debito respondeant;
et si voluerint habeant terras et re-
ditus debitoris, quousque sit eis sat-
isfactum de debito quod ante pro
eo solverunt, nisi capitalis debitor
monstraverit se inde esse quietum
versus eosdcm pleggios.
VIIL
We or our Bailiffs shall not seize
any land or rent for any debt, as
long as the present goods and chat-
ties of the debtor do suffice to pay
the debt, and the debtor himself be
ready to satisfy therefore. Neither
shall the pledges of the debtor be
distrained, as long as the principal
debtor is sufficient for the payment
of the debt. And if the principal
del)tor fail in the payment of the
debt, having nothing wherewith to
pay, or will not pay where he is
able, the pledges shall answer for
the payment of the debt. And if
they will, they shall have the lands
and rents of the debtor, until they be
satisfied of that which they before
paid for him, except that the debtor
can show hiinself xo be acquitted
against the &aid tjurctios.
UNIVERSITY Of
104
STATUTES AT LARGE
Magna Carta
OF
25 Edward I.
IX.
Civltas Londoni habeat omnes
libertates suas aiitiquas, et consuetu-
dines suas. Preterea volumus et
concedinuis quod omnes Civitates
alie, et Burge et Ville et Barones de
quinque portubus et omnes portus
habcant omnes libertates et liberas
consuctudiiies suas.
IX.
The city of London shall have
all the old liberties and customs,
which it hath been used to have.
Moreover, we will and grant, that
all other Cities, Boroughs, Towns,
and the Barons of the five Ports,
and all other Ports, shall have all
their liberties and free customs.
X.
Nullus distringitur ad faciendum
majus servilium de feodo Militis
nee de alio libero tenemento quam
inde debetur.
XI.
Communia placita non sequantur
curiam nostram sed tenantur in
aliquo loco certo.
XII.
Recognitiones de nova disseisina
et de morte antecessoris, non capi-
antur nisi in suis Comitalibus et hoc
modo : Nos vel si extra regnum
fuerimus, capitalis Jusliciarius nos-
ter, mittemus Justiciarios nostros
per unum quemque Comitatum
semel in anno, qui cum Militibus
Comitatuum capiant in Comitatibus
assisas predictas, et ilia que in illo
adventu suo in Comitatus per Justi-
ciarios nostros predictos ad dictas
assisas capiendas missos terminari
non possunt per eosdem terminentur
alibi in itinere suo; et ea que per
eosdem propter difficultatem aliquo-
rum articulorimi terminari non pos-
sunt, referantur ad Justiciaiios nos-
tros deBanco et ibi teiTninentur.
XIII.
Assise do ultima presentatione
semper capiantur coram Justiciariis
de Banco et ibi terminentur.
No man shall be distrained to do
more service for a Knights fee, nor
any freehold, than therefore is due.
XL
Common pleas shall not follow
our court, but shall be holden in
some place certain.
XII.
Assises of novel disseisin and Mort
d'anceslre, shall not be taken but in
the shires, and after this manner ;
If we be out of this Realm, our
chief Justicer shall send our Justi-
cers through every county, once in
the year, which, with the Knights of
the shires, shall take the said Assises
in those Counties ; and those things
that at the coming of our foresaid
Justicers, being sent to take those
Assises in the counties, cannot be
deteiTiiined, shall be ended by them
at some other place in their circuit ;
and those things, which for difficulty
of some ai'ticles cannot be deter-
mined by them, shall be refeiTed to
our Justicers of the Bench, and there
be ended.
XIII.
Assises of Darrein Presentment,
shall be always takeii before our
Justices of the Bench, and there shall
be determined.
OF SOUTH CAROLINA.
lo;
XIV.
Lil)Cr hoiiuy uoii anu'rcictur ])ro
parvo delicto ni.sl secuiuluni m(j(lura
ipsius delicti; et pro magno delicto
secundum inaguitudinem delicti sal-
vo conteiicmciito sue; et mercator
eodem modo sulva mercaudisa sua;
et villaiHis altcrius quani noster
eodem mode aniei'cietur salvo wain
agio suo si incident in manum nos-
trum. Et nulla predictarum mise-
ricordiarum ponatur nisi per sacra-
mentvmi proborum et legalium ho-
niinum de vicino.* Comites etBaro-
nes non amercienfur nisi per pares
suos et non nisi secundum modum
delicti. Nulla ecclesiaslica persona
amercietur secundum quantltatem
beneficii sui ecclcsiastici, sed secun-
dum laicum tenementum suum, et
secundum quantitatem delicti.
XV
XIV.
A Freeman shall not he amerced
lor a small fault, but after tlie man-
ner of the fault; and for a great
fault after the greatnes thereof, sa-
ving to him his contenement ; and a
Merchant likewise, saving to him his
merchandize; and any other's villain
than ours, shall be likewise amerced,
saving his wainage, if he fall into
our mercy. And none of the said
Amerciaments shall be assessed but
by the oath of honest and lawful men
of the vicinage. Earls and Barons
shall not be amerced but by their
Peers and after the manner of their
offence. No man of the Church
shall be amerced after the quantity
of his spiritual Benefice, but after
his Lay-tenement, and after the
quantity of his offence.
XV.
Magna Carta
OP
25 IIUWARD I.
Nec villa nee liber homo distrin-
gatur facere pontes ad riparias, nisi
qui ab antiquo et de jui'e facere
debent.
XVI.
No Town nor Freeman shall be
distrained to make Bridges nor
Banks, but such as of old time and.
of light have been accustomed to
make them in the time of King
Henry our Grandfather.
XVI.
Nulle i-iparie defendentur de ce-
tero nisi ille que fuerunt in defense
tempore H. Regis Avi nostri, per
eadem loca et eosdem terminos sicut
esse consueverunt tempore suo.
No Banks shall be defended from
henceforth but such as were in de-
fence in the time of King Henry our
Grandfather, by the same places
and the same bounds as they were
wont to be in his time.
XVII.
NuUus Vicecomes Constabularius
Coronator vel alii Ballivi nostri ten-
ant placita corone nostre.
XVIII.
Si aliquis tenens de nobis laicum
feodum moriatur, et Vicecomes vel
Ballivus noster ostendat litteras nos-
XVII.
No Sheriff", Constable, Escheator,
Coroner, nor any other our Bailiffs,
shall hold Pleas of our Crown.
XVIII.
If any that holdeth of us Lay-
fee, do die, and our Sheriff' or Bai-
liff" do show our Letters Patent of
VOL. I.— 14.
* vicineto.
c ;;OLiNA
JF LAVt LIDRARY
i06
STATUTES AT LARGE
Magna'Carta. t,-ag patentes cle summonitione nos-
25 Edward I. ^ra de debito quod defuiictu;: nobis
debuit, liceat Vicecomiti vel Ballivo
nostro attachiare et imbreviare om-
nia bona et catalla defuncti inventa
in laico feodo ad valentiam illius
debiti per visum legalium homi-
num. Ita tamen quod nicbil inde
amoveatiir donee persolvatur nobis
debitum quod clarum fuerit, et resi-
duum relinquatur cxecutovibus ad
faciendum testamentum defuncti; el
si nicbil nobis debeatur ab ipso om-
nia catalla cedant dcfuncto salvis
uxori ejus et pueris ipsius rationa-
bilibus partibus suis.
XIX,
Nullus constabularius vel ejus
ballivus capiat blada vel alia catalla
rtlicujus qui non sit de villa ubi cas-
trum situm est; nisi statim reddat
denarios inde aut respectum inde
habere possitdevoluntate venditoris.
Si aulem de ijisa villa fuerit, infra
quadraginta dies post, precium red-
dat.
XX.
Nullus constabularius distringat
aliquem Militem ad dandos denarios
pro custodia castri si ipse eam facere
voluerit in propria persona sua, vel
per alium probum hominem facere,
si ipse eam facere non possit propter
rationabilem causam. Et si nos
adduxerimus vel miserimus eum in
exei'citum, sit quietus in custodia
secundum quantitatem tem]3oris quo
per nos fuerit in exercitu de feodo
pro quo fecit servicium in exercitu.
XXI.
Nullus vicecomes vel ballivus nos-
ter, vel aliquis alius capiat equos vel
cai'ettas alicujus pro cariagio faciendo
nisi reddat liberationem antiquitus
statutam, scilicet pro tma caretta ad
duos equos decem denarios per
diem, et pro caretta ad tres equos,
quatuordecem denaiios per diem.
Nulla caretta dominica alicujus eccle-
our summon for the debt whicli
the dead man did owe to us, it
shall be lawful to our Sheriff or
Bailifl" to attach and inroll all the
goods and chatties of the dead,
being found in the said fee, to the
value of the same debt, by the
sight and testimony of lawful men,
so that nothing thereof shall be
taken away, until we be clearly paid
off the debt; and the residue shall
remain to the Executors to per-
form the testament of the dead ;
and if nothing be owing unto us, all
the chatties shall go to the use of the
dead, saving to his wife and children
their reasonable parts.
XIX.
No Constable nor his Bailiff, shal]
take corn or any other chatties of
any man, if the man be not of the
Town where the Castle is, but he
shall forthAvith pay for the same,
unless that the Avill of the seller was
to respite the payment, and if he be
of the Town, the price shall be paid
unto him within forty days,
XX.
No Constable shall distrain any
Knight for to give money for keep-
ino- of his castle, if he himself will
do it in his proper person, or cause
it to be done by another sufficient
man, if he may not do it himself for
some I'easonable cause. And if we
do lead or send him in an army, he
shall be free from Castle ward for
the time that he shall be with us in
fee in our host, for the which he
hath done service in our wars,
XXI.
No Sheriff or Bailiff of ours or
any other, shall take the Horses or
Carts of any man to make carnage,
except he pay the old price limited,
that is to say, for carriage with two
horses, X. d. a day ; for three horse,
XIV. d. a day. No Demesne cart
of any spiritual person or Knight,
or any Lord, ehall be taken by our
OF SOUTH CAROLINA.
107
slasticepersonevelMiliti.s,vt;Icili<:njiis Bailifts ; noi* we, nor our Ijalllffs, ^^a'^n* ^'aiita.
doiiiiui por ballivos iioslro.s capiatur. nur any other, shall take any man's 25 Fi.u^aru I
Necnos necballivi nostri nee alii ca- wood for our Castles, or other our v^^ ,--^^
piemus boscum alienum ad castra vel necessai'ios to be done, but by the
ad alia agenda nostra nisi per voluu- license of him whose the wood is,
tatem illius cujus boscus ille fuerit.
XXII.
XXII.
Nos non tenebinius terras illorum
qui convicti fuoriiit de felonia nisi
})er ununi annum et unum diem et
tunc reddantur terre ille dominis
feodorum.
We will not hold the lands of
them that be convict of Felony, but
one year and one day, and then those
lands shall be delivered to the Lords
of the fee.
XXIII.
Omnes Kidelli deponanturde cete-
ro penitus per Tamisiam et Med-
weyam et per totam Angliam nisi
per costeram maris.
XXIV.
Breve quod vocatur Prjecipe, de
cetero non fiat alicui de aliquo libe-
ro tenemento undo liber homo per-
dat Curiam suam.
XXIII.
All Wears shall be from henceforth
utterly put down by Thames and
Medway, and through all England
but only by the sea coasts.
XXIV.
The Writ that is called Praecipe
in capitc, shall be from henceforth
granted to no person of any free-
hold, whereby any freeman may lose
his Court.
XXV.
XXV.
Una mensura vini sit per totvim
regnum nostrum et una mensura
cervisie et una mensura bladi, scili-
cet quarterium Londoniense, et una
latitude pannorum tinctorum, russet-
torum et haubergettorum, scilicet
due ulne infra listas. De ponderi-
bus vero sit sicut de mensuris.
One measure of Wine shall be
through our Realm, and one mea-
sure of Ale, and one measure of
Corn, that is to say, the Quarter of
London ; and one breadth of dyed
Cloth, russets and habeijects, that
is to say, two Yards within the lists.
And it shall be of Weights as it is
of Measures.
XXVI.
XXVI.
Nichil de cetero detur pro brevi
inquisitionis ab eo qui inquisitionem
petit de vita vel dc membris, sed
gratis concedatur et non negetur.
Nothing from henceforth shall be
given for a Writ of Inquisition, nor
taken of him that prayeth Inquisi-
tion of Life, or of Member; but it
shall be granted freely and not de-
nied.
XXVII.
XXVII.
Si aliqui teneant de nobis per
feodifirmam vel per socagium vel
vel burgagium, et de alio teneant
If any do hold of us by Feeferm
or by Socage, or Burgage, and ha
holdeth lands of another by Knight's
108
STATUTES AT LARGE
Magna Carta terram per servicum ■niilitare, nos
25 Ed*\'ard 1.^^°^ habebimus custodiam heredis
i^jp^^.^! nee terre sue que est de feodo alte-
rius occasioue illius feoditirme, vel
burgagii, vel socagii, nee babebimus
custodiam illius feodifinne vel so-
cagii vel burgagii nisi ipsa feodifir-
ma debeat serviciuni militare. Nos
nonbabebimus custodiam beredis vel
alicujus terre quam tenet de aliquo
alio per servicium militare, occasione
alicujus paiTe sergeutie quam tenet
de nobis per ser\dcium reddendi nobis
cultellos vel sagittas vel bujusmodi.
XXVIII.
Nullus ballivus de cetero ponat
aliquem ad legem manifestam, nee
ad juramentum simplici loquela sua,
sine testibus fidelibus ad hoc induc-
tis.
Service, we will not have the cus-
tody of his Heir, or of his Land,
which is holden of the Fee of ano-
ther, by reason of that Feeferm,
Socage, or Burgage. Neither will
we have the custody of such Fee-
ferm, Socage, or Burgage, except
Knight's Service be due unto us out
of the said Feeferm. We will not
have the custody of the Heir, or of
any Land which he holds of ano-
ther by Knight's Sen'ice, by occa-
sion of any Petit Sergeantry, that
any man holdeth of us by Service
to pay a knife, an arrow, or the like.
XXVIII.
No Bailiff from henceforth shall
put any man to his open Law, nor
to an Oath, upon his own bare say-
ing, without faithful Witnesses
broufjlit in for the same.
XIX.
Nullus liber homo capiatur vel
imprisonetur aut disseisiatur de li-
bero tenemento suo, vel libertatibus
vel liberis consuetudibus suis, aut
utlagatur aut exuleter aut aliquo
modo destruatur; nee super eum ibi-
mus, nee super eum mittemus, nisi
per legale judicium parium suoruni
vel per legem terre. Nulli vende-
mus, nulli negabimus aut differemus,
rectum vel justitiam.
XXX.
Omnes mercatores nisi publico
antea prohibiti fuerint, habeant sal-
vurn et securum conductum exire de
Anglia et venire in Angiiam et mo-
rari et ire per Angiiam tam per ter-
ram quam per aquam, ad emendimi
et vendendum, sine omnibus toltis
malis, per antiquas et rectas consue-
tudines, preterquam in tempore guer-
re: et si sint de terra contra nos guer-
rina et tales inveiiiantur in ten-a nos-
tra in principio guerre, attachiantur
sine dampno corporum vel rerum
donee sciatur a nobis vel a capitali
Justiciario nostro quomodo Merca-
XIX.
No Freeman shall be taken or
imprisoned, or disseized of his Free-
hold, or Liberties, or Free Customs,
or be outlawed, or exiled, or any
otherwise destroyed; and we will
not pass upon him nor condemn
him, but by lawful judgement of
his Peers, or by the Law of the
Land. We will fell to no man, we
will not deny or defer to any man,
either Justice or Right.
XXX.
All Merchants, if they were not
openly j5rohil:)ited before, shall have
their safe and sure Conduct to de-
part out of England, to come into
England, to tarry in and go through
England, as well by Land as by Wa-
ter, to buy and sell without any man-
ner of evil Tolls, by the old and
rightful Customs, except in time of
War. And if they be of a land
making War against us, and be found
in our Realm at the beginning of
the Wars, they shall be attached
without hann of body or of goods,
until it be known to us, or our Chief
OF SOUTH CAROLINA.
109
tores terre nostro tractcMitur <|ui
tunc invenluntur in terra ilia coaLra
nos c^uerrina; et si nostri salvi sint
ibi, alii salvi sint in terra nostra.
.Justice, how onr Merchants be in- Magna Carta
treated there in the land making 25 Ri.wari. I.
War against us ; and if our Mer-
chants be well intreated there, theirs
shall be likewise with us.
XXXI.
Si qnis tenucrit de aliqua escaeta
sicut de honorc Walingfordi, Belo-
iiie, Nottingham, Lancastrii vel aliis
escaetis que sunt in manu nostra et
sint Baroni, et obierit, heres ejus non
dot aliud relevium ncc faciat nobis
aliud servicium quam facerit Baroni,
si ilia esset in manu Baronis; et nos
eodem modo earn tencbimus quo Ba-
re earn tenuit. Nee nos occasione
talis Baronii vel escaeta habebimus
aliquam escaetam vel custodiam ali-
quorum nostrorum hominum nisi de
nobis alibi tenuerit in cajjite ille qui
tenuit baroniam vel escaetam.
XXXTI.
XXXI.
If any man hold of any Eschete,
as of the honour of Wallingford,
Nottingham, Boloin, or of any other
Eschetes which be in our hands, and
are Baronies, and die, his heir shall
give none other relief, nor do none
other service to us than he should to
the Baron, if it were in the Baron's
hand ; and we in the same wise shall
hold it as the Baron held it; neither
shall we have by occasion of any
Barony or Eschete, any Eschete or
keeping of any of our men, unless
he that held the Barony or Eschete,
elsewhere held of us in chief.
XXXII.
NuUus liber homo det de cetero
amplius alicui vel vendat de terra
sua quam ut de residue terre sue
•sufficientur possit fieri domino feodi
servitium ei debitum quod pertinet
ad feodum illud.
No Freeman from henceforth shall
give or sell any more of his land ;
but so that of the residue of the
Lands, the Lord of the Fee may
have the service due to him, which
belongreth to the Fee.
xxxin.
XXXIII.
Omnes patroni Abbathiarum qui
habent cartas regum Anglie de advo-
■catione vel anticjuam tenuram vel
possessionem habeant earum custo-
diam cum vacaverint, sicut habere
debent et sicut superius declaratum
est.
All Patrons of Abbeys, which
have the King's Charters of England
of Advowson, or have old tenure or
possession in the same, shall have
the custody of them when they fall
void, as it hath been accustomed,
and as it is afore declared.
XXXIV.
Nullus capiatur aut imprisonetur
propter appellum femine de morte
alterius quam viri sui.
XXXIV.
No man shall be taken or impri-
soned upon the appeal of a Woman,
for the death of any other man than
her husband.
XXXV.
XXXV.
Nullus Comitatus de cetero tene-
atur niside mense in mensem, et ubi
major terminus esse solebat major
No County Court from henceforth
shall be holden, but from Month
to Month : and where greater
no
STATUTES AT LARGE
Magna Carta git. Nee aliquis Vice comes vel
25 Edward I. Ballivus siius faciat tuniumsuumper
Hundredum nisi bis in anno, et non
nisi in loco debito et consueto,vide]i-
cet serael post Pasclmm et iterum
post festum sancti Micliaelis. Et
visus de franco plegio tunc fiat ad il-
ium terminum sancti Micliaelis sine
occasione. Ita scilicet quodqiiilibet
habeat libertates suas quash abuit vel
habere consuevit tempore H. Regis
Avi nostri, vel quas postea perquisi-
vit; fiat autem visus de franco plegio
sic videlicit quod pax nostra tenea-
tur,et quod theothinga teneatur inte-
gra sicut esse consuevit; et quod
Vice-comes non querat occasiones et
quod contentus sit de eo quod Vice-
comes habere consuevit de visu suo
faciendo.tempore H. Regis Avi nos-
tri.
XXXVI.
Nee liceat de cetero alicui dare
terram suam domui religiose ita
quod illam resumat de eadem dome
tenendam. Ned liceat alicui domui
religiose terram alicujus sic accipere
quod tradat illam illi a quo earn re-
cepit tenendam. Si quis autem de
cetero terram suam alicui domui re-
ligiose sic dederit et super hoc con-
vincetur,donum suum penitus casse-
tur et terra ilia domino illius feodi
incurratur.
time hath been used, tliere shall be
greater : Nor any Sheriff or his Bai-
liff' shall keep his turn in the hun-
dred, but twice in the year ; and no
where but in due place and accus-
tomed : that is to say, once after
Easter, and again after the Feast of
St. Michael. And the view of Frank
Pledge shall be likewise at the Feast
of St. Michael, without occasion ; so
that every man may have his libei'-
ties, which he liad, or used to have,
in the time of King Henry our
Grandfather, or which he hath pur-
chased since. The view of Frank
Pledge shall be so done, that our
Peace may be kept ; and that the
Tything be wholly kept as it hath
been accustomed ; and that the She-
riff seek no occasions, and that he be
content with so much as the Sheriff
was wont to have for his Viewma-
king,in the time of King Henry our
Grandfather.
XXXVI.
It shall not be lawful for any from
henceforth to give his lands to any
Religious house, and to take the
same land again to hold of the same
house. Nor shall it be lawful to any
House of Religion to take the lands
of any, and to lease the same to him
of whom he received it. If any
from henceforth give his lands to
any Religious House, and thereupon
be convict, the gift shall be utterly
■ void, and the land shall accrue to
the Lord of the Fee.
XXXVII.
Scutagium de cetero capiatur sicut
capi consuevit tempore H. Regis
Avi nostri. Et salve sint Archiepis-
copis, Episcopis, Abbatibus, Priori-
bus, Templai'ibus, Hospitelaribus,
Comitibus, Baronibus et omnibus
aliis tarn ecclesiasticis personis quam
secularibus,omnes libertates et libere
consuetudines quas prius habuerunt.
Omnes autem consuetudines et liber-
tates predictas quas concessimus in
regno nostro tenendas quantum ad
XXXVII.
Escuage from henceforth shall be
taken like as it was wont to be in
the time of King Henry our Grand-
father ; reserving to all Archbishops,
Bishops, Abbots, Priors, Templers,
Hospitallers, Earls, Barons, and all
persons, as well Spiritual as Tempo-
ral, all their free liberties and free
customs which they have had in
time passed: And all these customs
and liberties aforesaid , which we
have granted to be holden Avithin
OF SOUTH CAROLINA.
Ill
nos pertinct, ero;a nostios, omncs
do regno uostiTj tarn clcrici quairi lui-
ci obsei'veiit (|iuiiituni ad so pcrtiiiot
erga sues. Proluifautoni doiialiunc
et concossiuue libertatuni istarum ot
aliarum coiitentarum in carta nostra
delibertatibusfbrcstc, Archiepiscopi,
Episcopi, Al)batcs,Priorcs, Comites,
Baronnos, Milites, liberc tencntos et
omnes de regno nostro dederunt no-
bis quintamdecimam partem omnium
moI)ilium suoruni. Conccssimus
etiam cisdem pro nobis et heredibus
nostris (juod uec nos nee lieredes
nostri ali<iuid per(|uiremus per quod
libertates in hac carta contente in-
fringantur vol infinnentur. Et si ab
aliqiio contra hoc aliquid perquisitum
fucrit nicliil valeat et pro nullo habe-
utur. Hiis testibus : domino S. Can-
tuar' Archiep'o, E. London' Ep'o. J.
Bathon' Ep'o. P. Wanton' H. Lm-
coln, R. Sarum, W. Rofi", W. Wy-
gorn' J. Elien' H. Hereforden' R.
Ciccstr' W. Exon' Episcopis. Ab-
bate sancti Edmundi, Abbate sancti
Albani, Abbate de Bello, Abbate
sancti Augustini Cantaur' Abbate
de Evesham, Abbate de Westm'
Abbate de Burgo sancti Petri, Ab-
bate de Reding, Abbate de Abyn-
don' Abbate de Mahnsbur' Al)l)ate
de Wynchecumbe, Abbate de Hide,
Abbate de Certeseye, Abbate de
Shirburn' Abbate de Cerne, Abbate
deAbbotebir', Abbate de Middleton'
Abbate de Seleby, Abbate de Ciren-
cestr' H. de Burgo Justiciario H.
Comite Cestr' et Lincohi' W. Com-
ite Sarum W. Comite Waren' G. de
Clare Comite Gloucestr' et Hertford'
W. de FeiTar' Comite Derb' W. de
Mandeville Comite Essex' H. de
Bigod Comite Noi-ff' W. Comite
Albemarlie H. Comite Heieford' J.
Constabnlar' Cestr' R. de Ros R.
filio Walteri R. de Veteri Ponte W.
de liruer' R. de Muntifichet P. filio
Herbert! W. de Aubeny, F. Gres-
ley, F. de Breus' J. de Monemue J.
filio Alani H. de Mortuo Mari W.
de Bello Campo W. do Sancto Jo-
hanne P. de Malo Lacu liriano do
Insula, Thoma de Multon R. de Ar-
gentein, G. de Nevill W, Manduit,
this our Realm, as much as appor- Magna Carta
taineth to us and our heirs, we shall 25 Edward I.
obseiAo ; and all men ot" this our
Realm, as well Spiritual as Tempo-
ral, as much as in them is, shall ob-
serve the same against all persons in
likewise. And for this our gift and
grant of these liberties, and of other
contained in our charter of the liber-
ties of our Forest, the Archbishops,
Bishops, Abbots, Priors, Earls, Ba-
rons, Knights, Freoholdei's, and
other our subjects, have given unto
us the fifteenth part of all their
moveables. And we have granted
unto them, on the other j)ait, that
neither we, nor our heii-s, shall pro-
cure or do any thing whereby the
liberties in this Charter contained,
shall be infringed or broken ; and if
any thing be ])rocurod by any person,
contrary to the premises, it shall be
had of no force nor effect. These
being witnesses ; Lord S. Archbish-
op of Canterbury, E. Bishop of
London, J. Bishop of Bathe, P. of
Winchester, H. of Lincoln, R. of
Salisbury, W. of Rochester, W. of
Worcester, J, of Elv, H. of Here-
ford, R. of Chichester, W. of Exe-
ter, Bishops ; the Abbot of St. Ed-
monds, the Abbot of St. Albans, the
Abbot of Bello, the Abbot of St,
Augustines in Canterbury, the Ab-
botof Evesham, the Abbot of West-
minster, the Abbot of Bourgh St.
Peter, the Abbot of Reading, the
Abbot of Abindon, the Abbot of
Malmsbury, the Abbot of Winch-
comb, the Abbot of Hyde, the Ab-
bot of Certesy, the Abbot of Sher-
burn, the Abbot of Ceme, the
Abbot of Abbotebir, the Abbot of
Middleton, the Abbot of Seleby, the
Abbot of Cirencester ; H, de Burgh,
Justice, H. Earl of Chester and
Lincoln, W. Earl of Salisbury, W,
Earl of Warren, G. de Clare,' Earl
of Gloucester and Hertford, W. de
Ferrars, Earl of Derby, W. de
Mandeville, Earl of Essex, H. de
Bygod, Eail of Norfolk, W. Earl of
Albemarle, H. Earleof Hereford, J.
Constable of Chester, R. de Ros,
R. Fitzwalter, R. de Vyponte, W.
112
STATUTES AT LARGE
Magna Carta J. de Bulaii et aliis. Dat' apud
25 Edward I. Westm' xi. die Febr' anno regni
nostri uono.
de Bruer, R. de Montefichet, P,
Fitzherbeit, W. de Aubenie, F.
Gressly, F. de Breus, J. de Mone-
mue, J. Fitsallen, H. de Mortimer,
W, de Beauchamp, W, de St. John,
P. de Mauli, Brian de Lisle, Thomas
de Muhon, R. de Argentyn, G. de
Neville, W. de Manduit, J. de Balun,
and others : Given at Westminster,
the eleventh day of February, the
ninth year of our Reign.
n.
Nos autem donationes et conces-
siones predictas ratas habentes et
gratas eas pro nobis et heredibus
nostris concedimus et confirmamus
easque tenore presentium innovamus
volentes et concidentes pro nobis et
heredibus nostris quod carta predic-
ta in omnibus et singulis suis articu-
lis imperpetuum finiiiter et inviola-
biliter observetur; etiam si aliqui ar-
ticuli in eadem carta contenti hucus-
que forsitan non fuerint observati.
In cujus rei testimonium has litteras
nostras fieri fecimus patentes. T.
Edwardo Filio nostro apud Westm'
duodecimo die Octobr' anno regni
vicesimo quinto.
IL
We, ratifying and approving-
these gifts and grants aforesaid
confirm and make strong for us and
our heirs perpetually, all the same,
and by the tenour of these presents
do renew the same ; w^illing and
granting for us and our heirs, that
this Charter and all and singular
these Articles forever, shall be sted-
fastly, inviolably, and firmly obser\'-
ed, and if any article in the said
Charter contained, yet hitherto, per-
adventure hath not been kept, vv^e
will, and by Authority Royal com-
mand, from henceforth fiiTnly they
be observed. In witness whereof,^
we have caused these our Letters
Patents to be made. T. Edward
our son, at Westminster, the twenty
eighth day of March, in the twenty
eighth* year of our reign.
* This ought to be the 25th year, A. D. 1297. -See Statutes of the Realm, vol. 1, p. 119-
OF SOUTH CAROLINA. 113
The following PETITION OF RIGHTS, proscntod to Charles the
First, on the second day of June, 1G2S, is adopted by the "Act of 1712, of
our Province Laws, to put in force the several British Statutes, therein
enumerated." — Tro/t's Laws, jnige 2-36 and 249.
This Petition was drawn up by Sir Edmund Coke. — Colo, 201, Edition
of 1697. Edit.
TO THE KING'S MOST EXCELLENT MAJESTIE,
Humbly shew unto our Sovereign Lord the King, the Lords Spiritual Act pub. rviu.
und Temporal, and Commons in Parliament assembled, that, whereas it is^' '
declared and enacted by a Statute, made in the tyme of I he Raigne ofRushwonh
King Edward the first, commonly called, "Statutum de Tallagio non con-T. 1. d. 588,
cedendo," that no Tallage or Aide should be laid or levied, by the King A-nnals p. 103.
or his heires, in this Realme ; without the good-will and assent of the
Arch Bishopps, Bishopps, Earles, Barons, Knights, Burgesses and other
the freemen of the cominalty of this realme : And by Authority of Parlia-
ment houlden in the five and twentieth yere of the Raigne of King
Edward the third, it is declared and enacted, that from thenceforth noe
person should be compelled to make any loanes to the King against his
will, because such loanes were against reason, and the franchise of the
land ; and by otlier la\ves of this realme it is provided, that none should
be charged by any charge or imposition, called a Benevolence, nor by such
like charge, by which the Statuts before mentioned, and other the good
lawes and statuts of this Realme, your Subjects have inherited this free-
dom, that they should not be compelled to contribute to any Tax, Tallage,
Aide, or other like charge, not sett by conmion consent in Parliament.
Yet nevertheless of late, divers commissions, directed to sundrie com-
missioners in severall Counties, with instructions, have been issued, by
means whereof your People have bene in divers places assembled, and
required to lend certaino sommes of money unto your Majestie, and many
of them upon their refusall soe to doe, have had an oath admmistered unto
them, not warrantable by the Lawes or Statuts of this Realme, and have
been constrained to become bound to make appearance, and give attend-
ance before your Privie Councell, and in other places ; and others of them
have beene therefore imprisoned, confined, and sundrie other wayes mo-
lested and disfjuieted : And divers others charges have bene laid and
leavied upon your People in severall Counties, by Lord Lieutenants, Dep-
ut!e-Lieutenants, Commissioners for musters, Justices of peace and others,
by commaunde or direction from your Majestie, or your Privie-Councell,
against the lawes and free customes of the realme.
VOL. I.— 15.
38 Edw, 3. 9.
114 STATUTES AT LARGE
And whereas alsoe by the Statute called "Theg^-eate Charter of the Lib-
erties of England," it is declared and ennacted, that noe freeman maybe
taken or imprisoned, or be disseised of his freehold or liberties, or his free
customes, or be outlawed or exiled, or in any manner destroyed, but by the
lawfull judgment of his Peeres, or by the lawe of the land.
And in the eight and twentieth yere of the reigne of King Edward the
third, it was declared and ennacted by Aulhoritie of Parliament, that no
man, of what estate or condition that he be, should be putt out of his lands
or tenements, nor taken nor imprisoned, nor disherited, nor putt to death,
without being brought to answer by due process of lawe.
37 Edw. 3, 18. Nevertheless against the tenour of the said Statutes, and other the good
lawes and Statuts of your Realme, to that end provided, divers df your
subjects have of late beene imprisoned without any cause showed ; and
42 Edw. 3. 3. "when for their deliverance they were brought before your Justices, by
your Majestie's Writ of Habeas Corpus, there to undergoe and receive, as
17 Rich. 2.0. the Court should order, and their Keepers commaunded to certify the
causes of their detayner; noe cause v/as certified, but that they were de-
tayned by your Majestie's special commaund, signified by the Lords of your
Privie Councell, and yet were returned back to severall prisons, without
being charged with any thynge to which they might make answeare ac-
cording to the lawe.
And whereas of late, great companies of souldiers and marriners have
bene dispersed into divers Counties of the Realme, and the inhabitants
against their wills have been compelled to receive them into their houses,
and there to suffer them to sojome, against the lawes and customes of this
realme, and to the great gi'ievance and A'exation of the People.
25 Edw. 3.9. And whereas alsoe, by authority of Parhament, in the 25th yere of the
raigne of King Edward JIL, it is declared and enacted that noe man should
'^^' ' be forejudged of life orlymbe, against the forme of the great Charter, and
2j Edw 3 4 ^•'^^ lawe of the land, and by the said great Charter, and other the Laws
and Statuts of this your Realme, no man ought to be adjudged to death,
28 do. 3. but by the lawes established in this your realme, either by the customes of
the same realme, or by Acts of Parliament ; And whereas noe offender, of
what kind soever, is exempted from the proceedings to be used, and the
punishments to be inflicted by the lawes and statutes of tliis your realme ;
nevertheless of late time, divers commissions under your Majestie's Greate
Seale have issued forth, by which certaine persons have been assigned and
appointed commissioners, with powder and authoritie to proceed within the
land, according to the justice of martiall law^e, against such souldiers and
marriners, or other dissolute persons joyningAvilh them, as should commit
any murder, x'obbery, felpnie, meeting, or other outrage or misdemeanour
whatsoever ; and by such summarie course and order as is agreeable to
martiall lawe, and as is used in armies in tyme "of war, to proceed to the
tryal and condemnation of such offenders, and them to cause to be execu-
ted and putt to death, according to the lawe martiall.
By pretext wdiereof, some of youi-- Majestie's Subjects have bene by some
of thfc said commissioners put to death, when and where, if by the lav/es
and statuts of the land they had deserved death, by the same lawes and
statuts alsoe they might, and by noe other ought, to have been judged and
executed.
And alsoe sundrie grievous offenders, by colour thereof clayminge an
exemption, have escaped the punishments due to them by the lawes
and statuts of this your realm, by i-eason that divers of your officers and
ministers of justice have unjustly refused or forboi-pe to proceed against
such offenders, according to the same lawes and statuts, upon pretence
OF SOUTH CAROLINA. lir,
that the said ollcndcrs wore punishable only l)y mavtiall lawe, and liy au- Petition
thority of" such commissions as aforesaid ; which commissions, and all Rights
others of like nature, are wholely and directlie contrary to the stiid laws and
statuts of this your realme.
They doc therefore humhly pray your most excellent Majestic, That noPti'tion
man hereafter be compelletl to make or yielde any guifte, loane, benevo-
lence, tax, or such like charge, without common consent by Act of Parlia-
ment ; and that none be called to make answeare, or take such oath, or to
give attendance, or be confyned, or otherwise molested or disquieted con-
cerning the same, or for refusall thereof: And that noe freeman, in any
such manner as is before mentioned, be imprisoned or detayned : And that
your Majestic would be pleased to remove the said souldiers and marriners,
and that your People may not be soe burthened in the tyme to come : And
that the aforesaid commissions for proceedinge by martiall lawe, may be
revoaked and aninilled ; and that hereafter, noe commissions of like nature,
may issue forth to any person or persons whatsoever, to be executed as
aforesaid, least by colour of them, any of your Majestie's subjects be des-
troyed, or putt to death, contrary to the laws and franchise of the land.
All which they do most humbly pray of your most excellent Majestic, as
their Rights and Liberties, accordinge to the lawes and statuts of this
Realme : And that your Majestic would also vouchsafe to declare, that the
awardes, doeings, and proceedings, to the prejudice of your People, in
any of the pi-emisses, shall not be drawn hereafter into consequence or
example : And that your Majestie would be alsoe graciously pleased, for
the further comfort and safetie of your people, to declare yom- royal will
and pleasure. That in the things aforesaid all your officers and ministers
shall serve you, according to the lawes and statuts of this realme, as they
tender the honour of your ronjestie, and the prosperity of this Kingdom.
THE KING'S ANSWER TO THE PETITION OF RIGHTS.
The King willeth that Right be done, according: to the laws and customs 'fhe King's
of the realme ; and that the Statutes be put in due execution, that his sub-
jects may have no cause to complain of any wrrong or oppressions, contrary j^jj^jj^-orth,
to their just Rights and Liberties, to the preservation whereof he holds T. 1. p. 590.
himself in conscience as well obliged, as of his prerogative.
Petition of hotli Houses to the King, on the 1th day of June, 162S, wherein a
more full and satisfactory ansioer to the ahovc Petition, is prayed for.
May it please your most excellent Majestie, The Lords Spiritual and ^^J||^°^°'^'""^
Temporal, and Commons in Parliament assembled, taking in consideration
that the good intelligence between your Majestie and your People, doth
116
Petition
OF
Rights.
STATUTES AT LARGE
much depend upon your Majestie's answer upon their Petition of Right,
formerly presented ; wiih imanimous consent do now become most bumble
suitors unto your Majestie, that you would be pleased to give a clear and
satisfactory answer thereunto, in full Parliament,
To which Petition the King replied,
The answer I have already given you was made with so good delibe-
ration, and approved by the judgments of so many wise men, that I could
not have imagined but that it would have given you full satisfaction : But to
avoid all ambiguous interpretations, and to show you there is no doubleness
in my ineaning, I am Avilling to pleasure you as well in words as in sub-
stance ; Read your petition, and you shall have an answer that I am sure
will please you.
Answer.
Here the Petition was read, and the following answer was returned,-
" Soit Droit fait comme il est desire." C. R.
Then said his Majesty,
Speech oflhe This I am sure is full, yet no more than I granted you in my first an-
ting, swer, for the meaning of that, vi^as to confirm your liberties, knowing
according to your own protestations, that you neither mean nor can hurt
my prerogative. And I assure you, my maxim is, that the People's liber-
ties strengthen the King's Prerogative, and the King's Prerogative is to
defend the People's Liberties.
You see how ready I have shown myself to satisfy your demand, so that
I have done my part ; wherefore if this parliament have not a happy con-
clusion, the sin is yours, I am free from it.
[The above is the Answer of the King in Parliament, and his Speech
on that occasion, June 7th, 1628.]
OF SOUTH CAROLINA. 117
AN ACT
For the retteii Securing the Liberty of the Subject, and for Pre-
vention of Imprisonments bevond the Seas ;
COMMONLY CALLED
"THE HABEAS CORPUS ACT."*
31 Ch. 2. CH. 2, May 1679.
Whereas gieat delays have been used by sheriffs, gaolers and other Preamble,
officers, to whose custody any of the King's subjects have been committed,
for criminal or supposed criminal matters, in making retuiTis of writs of
Habeas Corpus, to them directed, by standing out on Alias or Pluries
Habeas Corpus, and sometimes more, and by other shifts to avoid their
yielding obedience to such writs, contrary to their duty and the known
laws of the land, whereby many of the King's subjects have been, and.
hereafter may be long detained in prison, in such cases, where by law they
are bailable, to their great charge and vexation :
II. For the prevention whereof, and the more speedy relief of all per- ^^'^^^
sons imprisoned for any such criminal or supposed criminal matters ; (2) ^vith?n3davs
BE IT ENACTED, By , the King's most excellent Majesty, Rafter service to
and xoith the Advice and Consent of the Lords Spiritual «wfZ ^^ ""f "''^"*"'|'
Temporal, and Coininons rn this present Farliament assembled, and l>y brousiht, if
the authority thereof. That whensoever any person or persons shall bring wijhinuventy
m\Y Habeas Co?p?/.s directed imto any sheiiff or sheinfis, gaoler, minister, "'
or other person whatsoever, for any person in his or their custody, and thoyjjj y j4 209
said writ shall be served upon the said officer, or left at the gaol or prison
with any of the under-officers, vmder keepers, or deputy of the said offi-
cers or keepers, that the said officer or officers, his or their under-officers,
under-keepers or deputies, shall within three days after the service thereof,
as aforesaid (unless the commitment aforesaid were for treason or felony,
plainly and especially expressed in the waiTant of commitment) upon pay-
ment or tender of the chai'ges of bringing the said prisoner, to be ascer-
tained by the Judge or Court that awarded the same, and endorsed upoii
the said writ, not exceeding 12 pence per mile, and upon security 2jiven by
his own bond to jiay the charges of carrying back the ]nisoner, if he shall
be remanded by the Court or Judge to which he shall be brought, accord-
ing to the true intent of this present act, and that he will not make any
escape by the way, make letuiTi of such wTit ; (3) and biing or cause to be
brought the body of the party so committed or restrained, unto or before
the Lord Chancellor, or Lord Keeper of the great Seal of England, for the
* Copied from the Statutes at Large, by Danby Pickering, Esq., Ed. 1763, vol. 8, p. 432.
lis STATUTES AT LARGE
The time being, or the Judges or Barons of the said Court, fj'om whence the
'yct said writ shall issue, or unto and before such other person or 2:>ersons before
» ^->y-^^ whom the said writ is made returaable, according to the command thereof;
(4) and shall then likewise certify the true causes of his detainer or
imprisonment, unless the commitment of the said party be in any place
beyond the distance of twenty miles from the place or places where such
Court or person is, or shall be residing ; and if beyond the distance of 20
miles, and not above 100 miles, then within the space of 10 days, and if
beyond the distance of 100 miles, then within the space of 20 days after
such delivery aforesaid, and not longer.
Surh writs, HI- And to the intent that no sheriff, gaoler or other officer, may pretend
how to be ignorance of the import of any such writ; (2) Be it enacted by the authority
oFlTabeas " ^ aforesaid. That all such writs shall be marked in this manner, " Per statu-
Corpus, and the tum, tricesimo prime Caroli secundi Regis," and shall be signed by the
tlioreoif hf person that awards the same ; (3) and if any person or persons shall be
vacation time, or Stand committed or detained as aforesaid, for any crime, unless for
felony or treason, plainly expressed in the warrant of commitment, in the
vacation time and out of term it shall and may be lawful to and for the
person or persons so committed or detained, (other than persons convict
or in execution by legal process) or any one in his or their behalf, to
appeal or comi^lain to the Lord Chancellor or Lord Keeper, or any
one of his Majesty's Justices, either of the one bench or of the other, or the
Barons of the Exchequer of the Degree of the Coif; (4) and the said
Lord Chancellor, Lord Keeper, Justices or Barons or any of them, upon
view of the copy or copies of the warrant or warrants of commitment
and detainer, or otherwise upon oath made that such copy or copies were
denied to be given by such person or persons in whose custody the
prisoner or prisoners is or are detained, are hereby authorised and
required, upon request made in writing by such pei'son or persons,
or any on his, her, or their behalf, attested and subscribed by two wit-
nesses who were present at the delivery of the same, to award and grant
an Habeas Corpus, under the Seal of such Court whereof he shall then
be one of the Judges, (5) to be directed to the officer or officers in
whose custody the party so committed or detained shall be, returnable
immediate before the said Lord Chancellor or Lord Keeper, or such Justice,
Baron, or any other Justice or Baron of tlie Degree of the Coif, of any
of the said Courts ; (6) and upon service thereof as aforesaid, the officer
or officers, his or their under officer or under officers, imder keeper or
under keepers, or their deputy, in whose custody the party is so commit-
ted or detained, shall within the times respectively before limited, bring
such prisoner or prisoners before the said Lord Chancellor, or Lord
Keeper, or such Justices, Barons or one of them, before whom the said,
writ is made returnable, and in case of his absence, before any other of
them, with the return of such writ and the true causes of the commitment
or detainer ; (7) and thereupon within two days after the party shall be
brought before them, the said Lord Chancellor or Lord Keeper, or such
Justice or Baron before whom the prisoner shall be brought as aforesaid,
shall discharge the said prisoner from his imprisonment, taking his or their
recognisance, with one or more surety or sureties, in any sum according to
their discretions, having regard to the quality of the prisoner and the
' nature of the offence, for his or their appearance in the Court of King's
Bench the tenn following, or at the next assizes, sessions, or general gaol de-
livery, of or for such county, city or place v/here the commitment was, or
where the offence was committed, or in such other court where the said
offence is properly cognisable, as the case shall require, and then shall
OF SOUTH CAROLINA. 119
cci'tify the said writ willi tlio roLuiu tlionjol", and the said rcoognisancc or '^"^
rccA)guisances into the said court where such apjiearanco is to be made ; ^^t
(8) unless it shall aj)pear to the said Lord Chancellor, or Lord Keeper, v^-w-^^^
or Justice or Justices, or Baron or Jiai'ons, that the party so committed is
detained upon a legal process, order or warrant, out of some couit that
hath jurisdiction of crimiuid matters, or by some wan-ant signed and sealed
with the hand and seal of any of the said Justices or Barons, or some
Justice or Justices of the Peace, for such matters or oH'ences for the which
by the law the prisoner is not bailable.
IV. Provided always and be it enacted. That if any person shall have Persons
\vilfullvnei>lectedbv the space of two whole terms after his imprisonment, "'-'''''''^'^'"S""" 2
V ~ %/ I ^ ■*■. ttTrns to prnv
to j)ray a Habeas Corpus for his enlargement, suchpei'son so wilfully neg- a Jf. C. sliall
lectins:, shall not have any Habeas Corpus to be crranted in vacation time, l'^^<^ """" in
■ 1- ^1 • ^ '- ° vacation,
in ])ursuance oi this act.
V. And be it further enacted, by the authority afoi'esaid, That if any Ofllcors how to
officer or officers, his or their under officer, or under officers, under keeper'"' l.>'''""e':'Jc<l
' ^ a'Tiinst lor not
or under keepers, or deputy, sliall neglect or refuse to make the returns obeying sucli
aforesaid, or to bring the body or bodies of the ]:)risioner or prisoners ac- writs.
cording to the command of tlie said writ, within the respective times
aforesaid, or upon demand made by the prisoner oi' person in his behalf,
shall refuse to deliver, or within the space of six hours after demand shall
not deliver to the ])erson so demanding, a true copy of the waiTant or
warrants of commitment and detainer of such prisoner, whicli he and they
are hereby required to deliver accordingly ; all and every the head gaolers
and keepers of such person, and such other person in whose custody the
prisoner shall be detained, shall for the first offence forfeit to the prisoner oi
party grieved, the sum of c€100; (2) and for the 2d. offence, the sum of c£200,
and shall and is hereby made incapable to hold or execute his said office ;
(3) the said penalties to be recovered by the prisoner or party grieved, his
executors and administratoi-s, against sucli offender, his executors oi
administrators, by any action of debt, suit; bill, plaint or information,
in any of the King's Courts at Westminister, wherein no essoin, protection,
priviledge, injunction, wager of law, or stay of prosecution by " Non vult
ulterius prosequi," or otherwise, shall be admitted or allowed, or any more
than one imparlance ; (4) and any recovery or judg'jment at the suit of any
party grieved, sliall be a sufficient conviction for the first oflfence ; and any
after recovery or judgement at the suit of a party grieved, for any offence
after the first judgement, shall be a sufficient conviction to bring tiie
officers or person within the said penalty for the second offence.
VI. And for the prevention of unjust vexation by reiterated commit- ^"'""^ ^'^J 'i'
ments for the same offence; (2) Be it enacted, by the authority aforesaid, re-conimiu'eJ
That no person or persons, which shall be delivered or set at large upon but by order of
any Habeas Corpus, shall at any time hereafter be again imprisoned '-■''"'^'•
or committed for the same offence, by any person or persons whatso-
ever, other than by the legal order and process of such court wherein
he or they shall be bound by recognisance to appear, or other court
having jurisdiction of the cause ; (3) and if any other person or per-
sons shall knowingly, contrary to this act, re-commit or imprison, or
knowingly procure or cause to re-committed or im])risoned, for the same
offence or pretended offence, any person or persons delivered or set at large
as aforesaid, or be knowingly aiding or assisting therein, then he or they
shall forfeit to the prisoner or party grieved, the sum of ci'500 ; any
colourable pretence or variation in the wanant or warrants of commit-
ment notwithstanding, to be recovered as aforesaid.
VH. Provided, always, and be it further enacted, That if any Persons
120 STATUTES AT LARGE
The person or persons shall be committed for liigh treason or felony,
^"XcT.'^^^^ plainly and specially expressed in the wan-ant of commitment, up-
on his prayer or petition in open court, the first week of the term, or
first day of the sessions of Oyer and Terminer or general Gaol
. , , r Delivery, to be brou<j:ht to his trial, shall not be indicted some time
committed lor . ^ •" o • n ^ i rr. • /~^ 1 /-I 1
ii-cason or m the next term, bessions oi Oyer and lermmer or LreneraJ (jaol
I'clouy, shall be Delivery, after such commitment; it shall and may be lawful to and for
iiex't term^or ^^^^ Judges of the Court of King's Bench, and Justices of Oyer and
let to bail. Terminer or General Gaol Delivery, and they are hereby required,
upon motion to them made in open Court the last day of the term, sessions
or Gaol Delivery, either by the prisoner or any one in his behalf, to set
^at liberty the prisoner upon bail, unless it appear to the Judges and Jus-
. , , . , tices upon oath made, that the witnesses for the Kinff could not be produced
A.TlCl to DG IriGCl • . .
the term after, the same Term, Sessions or General Gaol Delivery; (2) and if any per-
or discharged, son or persons committed as aforesaid, upon his prayer or petition in open
Court the first week of the Term or the first day of the Sessions of Oyer
*^"''' ■ and Terminer and General Gaol Delivery, to be brought to his trial, shall
not be indicted and tried the second term, sessions of Oyer and Terminer
or General Gaol Delivery, after his commitment, or upon his trial shall be
acquitted, he shall be discharged from his imj)risonment.
Maybe still kept VIII. Provided always. That nothing in this act shall extend to dis-
in custody for charsfc out of prison any person charged in debt, or other action, or with
process in any civil cause, but that after he shall be discharged of
his imprisonment for such his criminal offence, he shall be kept in custody
according to the law for such other suit.
Persons not to j^_ Provided always, and be it further enacted by the authority
DG rGmovGcl . . *^ . f» .
from one prison aforesaid. That if any person or persons subjects of this realm,
toanother shall be committed to any prison, or in custody of any officer or
wit lout cause. Qf^^g^.g whatsoever, for any criminal or supposed criminal matter, that the
said person shall not be removed from the said prison and custody, into
the custody of any other officer or officers ; (2) unless it be by Habeas
Corpus or some other legal writ ; or where the prisoner is delivered to-
the constable or other inferior officer, to cany such prisoner to some com-
mon gaol ; (3) or where any person is sent by order of any Judge of As-
sise, or Justice of the Peace, to any common work-house or house of cor-
rection; (4) or where the prisoner is removed from one place or prison,
to another within the same county, in order to his or her trial or discharge
in due course of law ; (5) or in case of sudden fire or infection, or other
necessity ; (6) and if any jDerson or persons shall, after such commitment
aforesaid, make out and sign or countersign any warrant or warrants for
such removal aforesaid contrary to this act ; as well he that makes or
signs, or countersigns such warrant or warrants, as the officer or officers
that obey or execute the same, shall suffer and incur the pains and forfei-
tures in this act before mentioned, both for the first and second of-
fence respectively, to be recovered in manner aforesaid by the party
grieved.
Penaltyfor X. Provided also, and be it further enacted by the authority
''^"y'"Sa aforesaid. That it shall and may be lawful to and for any prisoner
' and prisoners as aforesaid, to move and obtain his or their Habeas
Corpus as well out of the High Court of Chancery or Court of Exche-
quer, as out of the Courts of King's Bench or Common Plea3, or either
of them ; (2) and if the said Lord Chancellor or Lord Keeper, or any
Judge or Judges, Baron or Barons for the time being, of the degree of
the Coif, of any of the Courts aforesaid, in the vacation time, upon view
of the copy or copies of the warrant or warrants of commitment or de-
OF SOUTH CAROLINA. 121
tainer, or upon oatli matlc that such copy or copies were denied as aforo- '^"^
.said, shall deny any writ of Habeas Corpus, by this act required to be ' act.
granted, being moved for as aforesaid, they shall severally forfeit to the
prisoner or party gxieved, the sum of ^CJOO, to be recovered in manner
afoicsaid.
XL And be it declared and enacted by the authority aforesaid, That IFubeas ciarpus
an Habeas Corpus according to the tiiie intent and meaning of this act, '*''^" ."■"" "l"'
1 T 1 1 • ^ /n ^ 1) 1 ^- ,1 /I- 7> , counties itnla-
may be directed and run into any County Palatine, the L/inc|uc roils, orti„e, and privi-
other priveleged places within the Kingdom of England, J)ominion oflfged places.
Wales, or Town of Berwick upon Tweed, and th(! islands of Jersey or
Guernsey ; any law or usage to the contrary notwithstanding.
XIL And for preventing illegal imprisonments in prisons beyond the
seas ; (2) Be it further enacted by the authority aforesaid. That no
subject of this realm that now is, or hereafter .shall be an inhabitant
or resiant of this Kingdom of England, Dominion of Wales, or^-^ subjects
town of Berwick upon Tweed, shall or may be sent prisoner into shall be sent to
Scotland, Ireland, Jersey, Guernsey, Tangier, or into parts, garri- ^'^^'&" prisons,
sons, islands, or places, beyond the seas, which are or at any time 2 Vent. 314.
hereafter shall be within or without the Dominions of his Ma-
jesty, his heirs or successors ; (3) and that every such imprisonment is
hereby enacted and adjudged to be illegal ; (4) and that if any of the
said subjects now is, or hereafter shall be so imprisoned, every such per-
son and persons so imprisoned, shall and may for every such imprison-
ment maintain, by virtue of this act, an action or actions of false impri-
sonment, in any of his jMajesty's Courts of Record, against the person or
persons by whom he or she shall be so committed, detained, impi-isoned,
sent prisoner or transported, contrary to the true meaning of this act, and
against all or any person or persons that shall frame, contrive, write,
seal or countersign any warrant or writing for such commitment, de-
tainer, imprisonment, or transportation, or shall be advising, aiding, or
assisting in the same, or any of them ; (5) and the plaintiff in every
such action .shall have judgement to recover his treble costs, besides
damages, which damages so to be given shall not be less than .£500 ;
(6) in which action no delay, stay or stop of proceeding by rule, order jPenalty for such
or command, nor no injunction, protection or privelege whatsoever, nor ""P"*^'^^"^*'
any other than one imparlance, shall be allowed, excepting such nde of
the Court wherein such action shall depend, made in open Court, as
shall be thought in Justice necessary for special cause to be expressed
in the said rule ; (7) and the person or persons wlio shall knowingly
frame, contrive, write, seal, or coimtersign any warrant for such com-
mitment, detainer, or transportation, or shall so commit, detain, impri-
son, or transport any person or persons, contrary to this act, or be any
ways advising, aiding or assisting therein, being lawfully convicted there-
of, shall be disabled from thenceforth to bear any office of trust or
profit within the said Realm of England, Dominion of Wales, or town
of Berwick upon Tweed, or any of the islands, ten-itories or dominions
thereunto belonging ; (8) and shall incur and sustain the pains, penalties,
and forfeitures limited, ordained, and provided, in and by the statute of
provision and Praemunire, made in the 16th year of King Richard the
second; (9) and be incapable of any pardon from the King, his heirs ..„,.,
or successors, of the said forfeitures, losses, or disabilities, or any of them. ^ ^'"^ ""'*^'
XIIL Provided always. That nothing in this act shall extend to give Persons receiv-
benefit to any person who shall by contract in WTiting, agi^ee with any inp earnest, up-,
merchant or owner of any plantation, or other person whatsoever, to be ?" contracts to
, ', 1 , , ^ ■ ' , be transported,
transported to any parts beyond the seas, and receive earnest upon such excepted.
VOL. L— 16.
122 STATUTES AT LARGE
The asrrccment, altho' that afterwards such person shall renounce such con-
Hab. Corpus
Act.
tract.
XIV. Provided always, and be it enacted, That if any person or per-
sons lawfully convicted of any felony, shall in open court pray to be trans-
Persons ron- ported beyond the seas, and the Court shall think fit to leave him or them
and'^'prayhig"^ ^^ prison for that purjjose, such person or persons may be transported
M-ansportation, into any parts beyond the seas ; this act or any thing herein contained to
excepted. ^\^q contrary notwithstanding.
[mprisonments XV. Provided also, and be it enacted, That nothing herein con-
luM l\l?)^^e°^ tained shall Tje deemed, construed or taken to extend to the iraprison-
ccpted. ' ment of any person before the first day of June, one thousand six hun-
dred and seventy-nine, or to any thing advised, procured or otherwise
done relating to such imprisonment ; any thing herein contained to the
contrary notwithstanding.
Offenders may XVI. Provided also, That if any person or persons at any time resiant
tried where ^^^ '^'^^^ Realm, shall have committed any capital offence in Scotland or in
their offences Ireland, or in any of the islands or foreign plantations of the King, his
uerecommitcd.|^gjj,g yj^. gjjpggggp^.g^ ^j-igj,g ^le or she ought to be tried for such offence,
such person or persons may be sent to such place, there to receive such
trial in such manner as the same might have been used before the ma-
king of this act ; any thing herein contained to the conti'ary notwith-
standing.
Prosecutions for XVII. Provided also, and be it enacted, That no person or persons
offences, within shall be sued, impleaded, molested, or troubled for any oftence against
made.'™*^ ^ ° ^^^'^^ ^'^^' unless the party offending be sued or impleaded for the same
Avithin 2 years at the most, after such time wherein the offence shall be
committed, in case the party grieved shall not be then in prison ; and if
he shall be in prison,then within the space of 2 years after the decease
of the person imprisoned, or his or her delivery out of prison, which
shall first happen.
Aiier the as- XVIII. And to the intent no person may avoid his trial at the assizes
sizes proclaim- qj- general gaol-delivery, by procuring his removal before the assizes, at
to be removed such time as he caimot be brought back to receive his trial there ; (2) Be
hut before the it enacted, that after the assizes proc-laimed for that county where the
judge ot assize. pj,jgQj^g^. -^ detained, no person shall be removed from the common gaol
upon any Habeas Corpus granted in pursuance of this act, but upon any
such, Habeas Corpus shall be brought before the judge of assize in open
court, who is thereupon to do what to justice shall appertain.
After assizes, XIX. Provided nevertheless. That after the assizes are ended, any j^er-
they may have son or persons detained, may have his or her Habeas Corpus, according
oipus. j.^ ^^^^ direction and intention of this act.
In suits for of- -^•^- ^^^'^ ^^^ ^^ ^^^^ enacted by the authoiity aforesaid, Tliat if any
fence against information, suit or action shall be brought or exhibited against any per-
def t'*^^^' m" ^"" °^' pei'sons for any ofl'ence committed or to be committed against the
she general L- form of this law, it shall be lawful for such defendants to plead the gene-
sue, &c. i-al issue, that they are not guilty or that they owe nothing, and to give
such special matter in evidence to the jury that shall try the same,
which matter being pleaded had been good and sufficient matter in law,
to have discharged the said defendant or defendants against the said infor-
mation, suit, or action, and the same matter shall be then as available to
him or them, to all intents and purposes, as if he or they had sufficiently
pleaded, set foith or alledged the same matter in bar or discharge of
such information, suit or action.
Persons XXI. And because many times, persons charged with petty treason or
saitied as acces- felony, or accessories thereunto, are committed upon suspicion only.
OF SOUTH CAROLINA. 123
whevcupnii tlicy tiro l)ailal)lo or not, according as llio cirrumstances ma- '^",''-
king out that suspicion arc itkh-o or loss weighty, wliicli arc best known * "a ct" "'*'**
to the .lustieos of" the peace that committed the persons, and have tlio ex- . ^,-.. ^.^^ j
amination belore tlicm, or to otlier Justices of tlio Peace in tlio County;
(2) lie it tlierelure enacted, Tliat where any person shall ap])ear to i)e . • , p
committed by any judge or justice of the peace, and charged as accessory iholact to petty
bcibi'c the fact, to any petty treason or felony, or upon suspicion thereof, ^''^awn or (clo-
or with suspi''iou of petty treason or felony, which petty treason or felo- r,?n,;'',v",'.,i or"'
ny shall be plainly and specially expressed in the warrant of commitmerxt, bailed other-
that such person shall not bo removed or bailed by virtue of this act, ori^'**^ ^'?^" ^^'
in any other manner than they might have been before tlie making of made,
this act.
124
STATUTES AT LARGE
RILL OF RIGHTS, PASSED 1 WILLIAM and MARY,
Sess. 2, Ch. 2, 1GS9.
An Act for Declaring the Rights and Liberties op the Subject, and
Settling the Succession of the Crown.
1 W. and M. 1689.
The heads of
abdication.
Dispensing
power.
Committing
prelates.
Ecclesiastical
commission.
Levying
money.
Standing army
DisaiTning
protestants.
Violating
elections.
Whereas the Lords Spiritual and Temporal, and Commons, assembled
at Westminster, lawfully, fully, and freely representing all the E. states of
the People of this Realm, did, upon the thirteenth day of February, in
the Year of our Lord, One Thousand six Hundred and Eighty-eight, pre-
sent unto their Majesties then called and known by the name and stile of
William and Mary, Prince and Princess of Orange, being present in their
proper persons, a certain declaration in writing, made by the said Lords
and Commons, in the words following, viz :
W^hereas the late King James the Second, by the assistance of divers
evil counsellors, judges, and ministers employed by him,»did endeavour to
subvert and extii-pate the protestant religion, and the laws and liberties
of this kingdom.
1. By assuming and exercising a power of dispensing with and sus-
pending of laws, and the execution of laws, without consent of Parlia-
ment.
2. By committing and prosecuting divers worthy prelates, for
humbly petitioning to be excused from concurring to the said assumed
power.
3. By issuing and causing to be executed a commission under the great
seal for erecting a court called. The court of commissioners for ecclesi-
astical causes.
4. By levying money for and to the use of the crown, by pretence of
prerogative, for other time, and in other manner, than the same was grant-
ed by Parliament.
5. By raising and keeping a standing army within this kingdom in time
of peace, without consent of Parliament, and quartering soldiei's contrary
to law.
6. By causing several good subjects, being protestants, to be disanned,
at the same time when papists were both armed and einployed, contrary
to law.
7. By violating the freedom of election of members to serve in Par-
liament.
OF SOUTH CAROLINA. }9J.
8. By prosecutions in the court of Kincf's bencli, for mnltcrs and causes I^"'-
cognizablc only in I'arlianicnt ; and. l)y divei's other arl)ilrary and illegal Kiohts.
courses.
9. And whereas of late years, partial, coiTupt, and unqualified persons
have been returned and served on juries in trials, and ])articularly divers Wrong
jurors in triais for high treason, which were not freeholders. prosecutions.
10. And excessive bail bath been required of persons committed in j •
ci'iniinal cases, to elude the benefit of the laws made for the liberty of
the subjects. „ , •,
11. And excessive fines have been imposed ; and illegal and ci'uel pun-
ishments inflicted.. Fines and
12. And several grants and promises made of fines and forfeitures, be- punishments,
fore any conviction or judgement against the persons, upon whom tlie
same were to be levied. Gr^ants of Hnes,
All^vliich are utterly and directly contrary to the known laws and
statutes, and freedom of this realm.
And whereas the said late King James the Second having abdicated the
government, and the throne being thereby vacant, his highness the prince
of Orange (whom it hath pleased Almighty God to make the gloiious in-
sti'uraent of delivering this kingdom from popery and arbitrary power)
did (by the advice of the Lords spiritual and temporal, and divers princi-
pal persons of the commons) cause letters to be written to the lords spi-
ritual and temporal, being protestants, and other letters to the several
counties, cities, universities, boroughs, and cinque-ports, for the choosing
of such persons to represent them, as were of right to be sent to Parlia-
ment, to meet and sit at Westminster upon the two and twentieth day of
January, in this year one thousand six hundred eighty and eight, in order
to such an establisment, as that their religion, laws, and liberties might
not again be in danger of being subverted : upon which letters, elections
have been accordingly made ;
And thereupon the said lords spiritual and temporal, and commons,
pursuant to their respective letters and elections, being now assembled in
a full and free representative of this nation, taking into their most serious
consideration the best means for attaining the ends aforesaid ; do in the
first place (as their ancestors in like case have usually done) for the vin-T^jf subjects
dicating and asserting their ancient rights and liberties, declare —
1. That the pretended power of suspending of laws, or the execu-^o dispensing
tion of laws, by regal authoiity, mthout consent of Parliament, is power,
illegal.
2. That the pretended power of dispensing with laws, or the execution I-ate dispensing
of laws, by regal authority, as it hath been assumed and exercised of late, ""^
is illegal.
3. That the cominission for erectmg the late court of commissioners for Ecclesiastical
ecclesiastical causes, and all other commissions and courts of like nature, courts illegal,
are illegal and pernicious.
4. That levying money for or to the use of the crown, by pretence of Levying
prerogative, without grant of Parliament, for longer time, or in other man- money,
ner than the same is or shall be granted, is illegal.
5. That it is the right of the subjects to petition the King, and all commit- Rjirht to
ments and prosecutions for such petitionin!? are illegal. petition.
6. That the raising or keeping a standing army within the kinudom in Standing army,
time of peace, unless it be with consent of Parliament, is against law.
126
STATUTES AT LARGE
Bill
OF
Rights.
Subjects arms.
Freedom of
election.
Freedom of
speech.
Excessive bail
Juries.
Grants of
forfeitures.
Frequent
parliaments.
7, That the subjects whicli are protestant.s, may have amis for their
defence suitable to their conditions, and as allowed by law.
S. That election of members of Parliament ought to be free.
9. That the freedom of speech, and debates or proceedings in Parlia-
ment, ought not to be impeached or questioned in any court or place out
of Parliament.
10. That excessive bail ought not to be required, nor excessive fines
imposed ; nor cruel and unusual punishments inflicted.
11. That jurors ought to be duly impanelled and returned, and
jurors which pass upon men in trials for high treason, ought to be free-
holders.
12. That all grants and promises of fines and forfeitures of particular
persons before conviction, are illegal and void.
13. And that for redress of all grievances, and for the amending,
strengthening, and preserving of the laws, Parliaments ought to be held
frequently.
And they do claim, demand, and insist upon all and singular the pre-
misses, as their undoubted rights and liberties ; and that no declarations,
judgments, doings or proceedings, to the prejudice of the people in any
of the said premisses, ought in any wise to be drawn hereafter into con-
sequence or example.
To which demand of their rights they are particularly encouraged by
the declaration of his highness the prince of Orange, as being the only
means for obtaining a full redress and remedy therein.
Having therefore an entire confidence, That his said highness the prince
of Orange, will perfect the deliverance so far advanced by him, and
will still preserve them from the violation of their rights, which they
have here asserted, and fz'om all other attempts upon their religion, rights,
and liberties:
IT. The said lords spiritual and temporal, and commons, assembled at
Tender of the Westminster, do resolve, That William and Mary, prince and princess of
crown. Orange, be, and be declared. King and Queen of England, France and
Ireland, and the dominions thereunto belonging, to hold the crown and
royal dignity of the said kingdoms and dominions to them the said prince
and princess during their lives, and the life of the survivor of them ; and
that the sole and full exercise of the regal power be only in, and execu-
ted by, the said prince of Orange, in the names of the said pi'ince and
princess, during their joint lives ; and after their deceases, the said crown
and royal dignity of the said kingdoms and dominions to be to the heirs
of the body of the said princess ; and for default of such issue to the prin-
cess Anne of Denmark, and the heirs of her body; and for default of
such issue, to the heirs of the body of the said prince of Orange. And
the lords spiritual and temporal, and commons, do pray the said jjrince
and princess to accept the same accordingly.
New oaths of Hl- And that the oaths hereafter mentioned be taken by all persons
allegiance, &c. of whom the oaths of allegiance and supremacy might be required by law,
instead of them ; and that the said oaths of allegiance and supremacy be
abrosrated.
Allegiance.
I, A. B. do sincerely promise and sweai", That I will be faithful and
bear true allegiance to their Majesties, King Willum and Queen Mary :
So help me God.
OF SOUTH CAROLINA. ]27
OF
KillTS.
I, A. B. do swear, That I do from my heart abhor, detest, and alyurc, as I'-"-'
impious and heretical, tliat damnable doctrine and positicjn, That princes ({
excommunicated or deprived by the pope, or any authority of the see of
Rome, may be deposed or murdered by their sul))ects, or any other what-
soever. And I do declare, That no foreign prince, person, prelate, state, Supremacy,
or potentate hath, or outrht to have any jui'isdiction, j)Ower, superiori-
ty, pre-eminence, or authority, ecclesiastical or spiritual, within this
realm :
So help me God.
IV. Ujion which their said Majesties did accept the crown and royal Acceptance of
dignity of the kingdoms of England, France, and Ireland, and the domin- ^'^^ crown,
ions thereunto belonging, according to the resolution and desire of the
said lords and commons contained in the said declaration.
V. And thereupon their Majesties were pleased, That the said lords
spiritual and temporal, and commons, being the two houses of Parliament, j^ j,ji
should continue to sit, and with their Majesties royal concurrence make
effectual provision for the settlement of the religion, laws and liberties of
this kingdom, so that the same for the future might not be in danger again
of being subverted ; to which the said lords spiritual and temporal, and
commons, did agree and proceed to act accordingly.
VI. Now in pursuance of the premisses, the said lords spiritual and Subjects
temporal, and commons, in Parliament assembled, for the ratifying, con- lihenies to be
firming and establishing the said declaration, and the articles, clauses, mat- '^"°"'^"-
ters, and things therein contained, by the foj-ce of a law made in due form
by authority of Parliament, do pray that it may be declared and enacted,
That all and singular the rights and liberties asserted and claimed in the
said declaration, are the true, ancient, and indubitable riglits and liberties
of the people of this kingdom, and so shall be esteemed, allowed, adjudg-
ed, deemed, and taken to be, and that all and every the particulars afore-
said shall be firmly and strictly holden and observed, as they are express-
ed in the said declaration ; and all officers and ministers whatsoever shall
serve their Majesties and their successors according to the same in all times
to come.
Sections VII, VIII, IX, X, are irrelevant, (Edit.)
XI. All which their Majesties ai-e contented and pleased shall be de- j^-^^-
clared, enacted, and established by authority of this present Parliament,
and shall stand, remain, and be the law of this realm forever; and the
same are by their said Majesties, by and Avith the advice and consent of
the lords spiritual and temporal, and commons, in parliament assembled,
and by the authority of the same, declai-ed, enacted, and established ac-
cordingly.
Xil. And be it further declared and enacted by the authority afore- Ao" obstantes
said, That from and after this present session of parliament, no dispen-™''''®^'"'''
sation by fton obstante of or to any statute, or any part thereof, shall be
allowed, but that the same shall be held void and of no effect, except a
dispensation be allowed of in such statute, and except in such cases as
shall be specially provided for by one or more bill or bills to be passed
during this present session of parliament.
Section XIII, inelevant, (Edit.)
B assent.
128 , STATUTES AT LARGE
THE CONSTITUTION OF SOUTH CAROLINA, OF 26 MARCH,
1776.
(See Pamphlet Laws, Reports and Resolutions, 1823, p, 151.)
SOUTH CAROLINA, 1776.
hi a Congress hegun and liolden at CJiarlestown, on Wednesday the first of
November, one thousand seven hundred and, seventy-five, and continued by
divers adjournments to Tuesday the tiventy-sixth day of March, one thousand
seven hundred and seventy-six.
A CONSTITUTION,
Or Form of Government, agreed to and resolved upon by the Repre-
sentatives OF South Carolina.
Whei'eas, the British Parliament, claiming of late years a right to bind
the North American Colonies by law, in all cases whatsoever, have en-
acted statutes for raising a revenue in those colonies, and disposing of
such revenue as they thought proper, without the consent and against the
will of the colonists. And whereas, it appearing to them that (they not
being represented in Parliament) such claim was altogether unconstitu-
tional, and if admitted, would at once reduce them, from the rank of
freemen to a state of the most abject slavery ; the said colonies, therefore,
severally remonstrated against the passing, and petitioned for the repeal
of those acts, but in vain ; And whereas the said claim being persisted in,
other unconstitutional and oppressive statutes have been since enacted,
by which the powers of Admiralty Courts in the Colonies are extended
beyond their ancient limits, and jurisdiction is given to such courts, in
cases similar to those which in Great Britain are triable by jury — persons
are liable to be sent to, and tried in Great Britain, for an offence created
and made capital by one of those statutes, though committed in the colo-
nies— the harbour of Boston was blocked up — people indicted for mur-
der in the Massachusetts Bay may, at the will of a GoveiTior, be sent for
trial to any other colony, or even to Great Britain — the chartered consti-
tution of government in that colony is materially altered — the English
laws and a free government, to which the inhabitants of Quebec were en-
titled by the King's Royal Proclamation, are abolished and French laws
are restored — the Roman Catholic Religion (although before tolerated
and freely exercised there) and an absolute government are established in
OF SOUTH CAROLINA. 129
■hat province, ami its limits, extended through a vast tract of rouutry 30 Constitution
IS to hordcr on the free Protestant English settlements, with design of i77(;
Ih
as
using a whole people differing in religious ]»rinciples from the neighboi-
ing colonies, and subject to arbitrary power, as lit instruments to over-
awe and subdue the colonies. And whereas the delegates of all the colo-
nies on this continent, from Nova Scotia to (leorgia, assemlded in a gene-
ral Congi-ess at Philadelj)liia, in the most dutiful manner laid their com-
plaints at the foot of the throne, and humbly implored their sovereign
that his royal authority and interposition might be used for their relief
from tlie grievances occasioned by those statutes, and assured his Majesty
that harmony between Great Britain and America, ardently desired by
the latter, would be thereby immediately restored, and tliat tlie colonists
confided in the magnanimity and justice of the King and Parliament for
redress of the many other grievances under which they labored. And
Avhereas these complaints being wholly disregarded, statutes still more
cruel than those abovementioned have been enacted, prohibiting the in-
tercourse of the colonies with each other, restricting their trade, and
depriving many thousands of people of the means of subsistence, by re-
straining them from tishiug on the American coast. And whereas large
fleets and armies having been sent to America in order to enforce the
execution of those laws, and to compel an absolute and implicit sub-
mission to the will of a corrupt and despotirk administration, and in con-
sequence thereof, hostilities having been commenced in the Massachusetts
Bay, by the troops under command of General Gage, whereby a number
of peaceable, helpless and unarmed people, were wantonly robbed and
murdered, and there being just reason to apprehend that like hostilities
would be committed in all the other colonies. The colonists were there-
fore driven to the necessity of taking up arms, to repel force by force, and
to defend themselves and their properties against lawless invasions and
depredations. Nevertheless, the delegates of the said colonies assembled
in another Congress at Philadelphia, anxious to procure a reconciliation
with Great Britain upon just and constitutional principles, supplicated
his Ma,jesty to direct some mode by which the united applications of his
faithful colonists inight be improved into a happy and permanent reconci-
liation ; that in the mean time measures might be taken for preventing the
further destruction of their lives, and that such statutes as immediately
distressed any of the colonists might be repealed. And whereas, instead
of obtaining that justice, to which the colonists were and ai'e of right
entitled, the unnatural civil war into which they were thus precipitated
and are involved, hath been prosecuted with uni'omilted violence, and the
Governors a.nd others bearing the royal commission in the colonies, hav-
ing broken the most solemn promises and engagements, and violated
every obligation of honor, justice and humanity, have caused the persons
of divers good people to be seized and imprisoned, and their properties
to be forcibly taken and detained, or destroyed, without any crime or for-
feiture— excited domestic insurrections — proclaimed freedom to servants
and slaves, enticed or stolen them from, and armed them against their
masters — instigated and encouraged the Indian nations to war against the
colonies — dispensed with the law of the land, and substituted the law
martial in its stead — killed many of the colonists — burned several towns,
and threatened to burn the rest, and daily endeavor by a conduct which
has sullied the British arms, and would disgrace even savage nations, to
eflect the ruin and destruction of the colonies. And whereas a statute
hath been lately passed, whereby, under pretenre that the said colonies
are in open rebelhon. all trade and commerce whatsoever with them
VOL. L 17.
130 STATUTES AT LARGE
Constitution jg prolilbitotl — vessels belonging to their inhabitants trading in, to, or from
1776 '■^^^ ^'^^'^ colonies, with the cargoes and cflects' on board such vessels, are
made lawful prize, and the masters and crews of such vessels are sub-
jected by force to act on board the King's ships against their country and
dearest friends; and all seizures and detention or destruction of the per-
sons and properties of the colonists which have at any time been made
or committed for withstanding or suppressing the said pretended rebellion,
and Avhich shall be made in pursuance of the said act, or for the service
of the ]Hiblic, are justified, and persons sueing for damages in such cases,
are, on failing in their suits, subjected to payment of very heavy expen-
ses. And whereas large reinforcements of troops and ships have been
ordered and are daily expected in America for carrying on war against
each of the united colonies by the most vigorous exertions. And where-
as in consequence of a plan recommended by the Governors, and which
seems to have been concerted between them and their ministerial masters,
to withdraw the usual oflPlcers, and thereby loosen the bands of govern-
ment and create anarchy and confusion in the colonies. Lord William
Campbell, late Governor, on the fifteenth day of September last, dissolved
the General Assembly of this colony, and no other hath been since called,
although by law the sitting and holding of General Assemblies cannot be
intermitted above six months — and having used his utmost efforts to de-
sti'oy the lives, liberties and properties of the good people here, whom
by the duty of his station he was bound to protect, withdrew himself
from the colony, and carried off the great seal and the royal instructions
to Governors. And whereas the judges of courts of law here, have re-
fused to exercise their respective functions, so that it is become indispen-
sably necessary that during the present situation of American afiairs, and
until an accommodation of the unhappy differences between Great Bri-
tain and America can be obtained, (an event which, though traduced and
treated as rebels, we still earnestly desire) some mode should be estab-
lished by common consent, and for the good of the people, the origin and
end of all governments, for regulating the internal polity of this colony.
The Congress being vested with powers competent for the purpose, and
having fully deliberated touching the premises, do therefore resolve :
I. That this Congress being a full and free repi^esentation of the people
of this colony, shall henceforth be deemed and called the General As-
sembly of South Carolina, and "^s such shall continue until the twenty-
first day of October next, and no longer.
II. That the General Assembly shall, out of their own body, elect by
ballot, a legislative Council, to consist of thirteen members, (seven of whom
shall be a quorum) and to continue for the same time as the General As-
sembly.
III. That the General Assembly and the said legislative council shall
jointly choose by ballot from among themselves, or from the people at
large, a President and Commandei'-in-Chief, and a Vice President, of the
Colony.
IV. That a member of the General Assembly being chosen and acting
as President and Commander in Chief, or Vice President, or one of the
legislative council, shall vacate his seat in the General Assembly, and ano-
ther person shall be elected in his room ; and if one of the legislative
council is chosen President and Commander in Chief, or Vice President,
he shall lose his seat, and another person shall be elected in his stead.
V. That there be a Privy Council, whereof the Vice President of the
colony shall of course be a member and President of the Privy Council,
and that six other members be chosen by ballot, three by the General As-
OF SOUTH CAROLINA. 131
sembly, and Uirce by tlie legislative council ; Provided ahnays, that no Coxstitutios
oflicer in the army or navy in the service of the continent, or of tliis col- 177,5
ony, shall be eligible. And a member of the general assembly, or of
the legishitive council, being chosen of the privy council, shall not thereby
lose his seat in the general assembly, or in the legislative council, unless
he be elected Vice President of the colony, in which case, he shall, :ind
another person shall be chosen in his stead. The privy council (of which
four to be a (juorum) to advise the President and Commander in Chief
when required, but he shall not be bound to consult them, unless in cases
after mentioned.
VI. Tluit the qualifications of President and Commander in Chief, and
Vice President of the colony, and members of the legislative aud privy
council, shall be the same as of members of the General Assembly, and
on being elected they shall take an oath of qualification in the general
assembly.
VII. That the legislative authority be vested in the President and
Commander in Chief, the General Assembly and legislative council.
All money bills for the support of gover-nment shall originate in the
general assembly, and shall not be altered or amended by the legislative
council, but may be rejected by them. All other bills and ordinances may
take rise in the general assembly or legislative council, and may be altered,
amended or rejected by either. Bills having passed the general assembly
and legislative council, may be assented to or rejected by the President
and Commander in Chief. Having received his assent, they shall have
all the force and validity of an act of general assembly of this colony. And
the general assembly, aud legislative council respectively, shall enjoy all
other privileges which have at any time been claimed or exercised by the
Commons house of Assembly, but the legislative council shall have no
power of expelling their own members.
VIII. That the general assembly and legislative council may adjourn
themselves respectively, and the President and Commander in Chief shall
have no power to adjourn, prorogue or dissolve them, but may, if necessa-
ry, call them before the time to which they shall stand adjourned. And
Avhere a bill has been rejected, it may, on a meeting after an adjournment
of not less than three days of the general assembly and legislative coun-
cil, be brought in again.
IX. That the general assembly and legislative council shall each choose
their respective speakers, and their own officers, without control.
X. That if a member of the general assembly or of the legislative coun-
cil shall accept any place of emolument or any commission except in the
militia, he shall vacate his scat, and there shall thereupon be a new election,
but he shall not be disqualified from serving upon being re-elected.
XI. That on the last Monday in October next, and the day following,
and on the same days of every second year thereafter.mcmbers of the gen-
eral assembly shall be chosen, to meet on the first Monday in December
then next, and continue for two years from the said last ISIonday in Octo-
ber. The general assembly to consist of the same number of members as
this Congi'eas does, each parish and district having the same representa-
tion as at present, viz. : the parish of St. Philip and St. Michael, Charles-
town, thirty members ; the parish of Christ Church, six members ; the
parish of St. John in Berkely county, six members ; the ])arish of St.
Andrew, six members; the parish of St. George Dorchester, six members;
the parish of St. James Goose Creek, six members ; the parish of St.
Thomas and St. Dennis, six members ; the parish of St. Paul, six mem-
bers ; the parish of St. Bartholemevv, six members : the parish of St.
132 STATUTES AT LARGE
CoNSTiTUTroN Hclcna, six membei's ; the parish of St. James Santee, six members ; the
1776. parish of Prince George, Winyaw, six members ; the parish of Prince
Frederick, six members ; the parish of St. John, in Colleton County, six
members ; the parish of St. Peter, six members ; the parish of Prince
William, six members ; the parish of St. Stephen, six members ; tlie dis-
trict 1.0 the eastward of Wateree river, ten members ; the district of Ninety
six, ten members ; the district of Saxe Gotha, six members ; the district
between Broad and Saluda rivers, in three divisions, viz : the lower dis-
tinct, four members; the Little River district, four members ; the upper or
Spartan district, four members ; the district between Broad and Catawba
rivers, ten members ; the district called the New Acquisition, ten mem-
bers ; the parish of St. Malhew, six members ; the parish of St. David, six
members; the district between Savaimah river and theNorthforkof Edisto,
six members. And the election of the said members shall be conducted
as near as may be agreeable to the directions of the election act; and where
there are no churches or church wardens in a district or parish, the general
assembly; at some convenient time before their expiration, shall appoint
places of election, and persons to receive votes and make returns. The
qualifications of electors shall be the same as required by law ; but
persons having property, which, according to the rate of the last prece-
ding tax, is taxable at the sums mentioned in the election act, shall be
entitled to vote, though it was not actually taxed, having the other qualifi-
cations mentioned in that act ; electors shall take an oath of qualification,
if required by the returning officer. The qualification of the elected to
be the same as mentioned in the election act, and construed to mean clear
of debt.
XIL That if any parish or district neglects or I'efuses to elect members,
or if the members chosen do not meet in General Assembly, those who
do meet shall have the powers of a General Assembly; not less than forty
nine members shall make a house to do business, but the speaker or any
seven members may adjourn from day to day.
XIIL That as soon as may be, after the first meeting of the General
Assembly, a President and Commander in Chief, a Vice President of the
Colony and privy Council, shall be chosen in manner and for the time
above mentioned, and till such choice be made, the former President and
Commander in Chief, and Vice President of the Colony and privy coun-
cil, shall continue to act as such.
XIV. That in case of the death of the President and Commander in
Chief, or his absence from the Colony, the Vice President of the Colony
shall succeed to his office, and the privy council shall choose out of their
own body a Vice President of the Colony ; and in case of the death of
the Vice President of the Colony, or his absence from the Colony, one of
the privy council (to be chosen by themselves) ?hal] succeed to his office,
until a nomination to those offices respectively, by the General Assembly
and Legislative Council, for the remainder of the time for which the offi-
cer so dying or being absent, was appointed.
XV. Tiiat the delegates of this Colony in the Continental Congress, be
chosen by the General Assembly and Legislative Council, jointly by ballot
in the General Assembly.
XVL That the Vice President of the Colony and the Privy Council, or
the Vice President and a majority of the Privy Council for the time being,
shall exercise the powers of a Court of Chancery, and there shall be an
Ordinary who shall exercise the powers heretofore exercised by that officer
in this Colony.
XVn. That the jurisdiction of the Court of Admiralty be confined to
maritime causes.
OF SOUTH CAROLINA. 133
XVIII. That all suits and process dopoiKJing in any court of law or Constitution
equity, may, it" either party shall be so inclinetl, be proceeded in and con- ij~c,
tinned to a final ending, without being- obliged to commence dc noro. And , ^^^-m^
the judges of the courts of law shall cause jury lists to be made, and juries
to be summoned, as near as may be, according to the directions of the ads
of the General Assembly in such cases provided.
XIX. That justices of the peace shall be nominated by the General As-
sembly and commissioned by the President and Commander in Chief,
during pleasure. They shall not be entitled to fees except on prosecu
tions for felony, and" not acting in the magistracy, they shall not be entitled
to the privileges allowed to them by law.
XX. That all other judicial officers shall be chosen by ballot, jointly by
the General Assembly and Legislative Council, and except the judges of
the Court of Chancery, commissioned by the President and Commander
in Chief, during good behaviour, but shall be removed, on address of the
General Assembly and Legislative Coimcil.
XXL That Sheriffs qualified as by law directed, shall be chosen in like '
manner by the General Assembly and Legislative Council, and commis-
sioned by f-he President and Commander in Chief for two years only.
XXII. That the Commissioners of the Treasury, the Secretary of the
Colony, Register of mesne conveyances. Attorney General, and powder
receiver, be chosen by the General Assembly and Legislative Council,
jointly by ballot, and commissioned by the President and Commander in
Chief during good behaviour, but shall be removed on address of the Gen-
eral Assembly and Legislative Council.
XXIII. That all Held officers in the anny, and all captains in the navy,
shall be, by the General Assembly and Legislative Council, chosen jointly
by ballot, and commissioned by the President and Commander in Chief,
and that all other officers in the army or navy shall be commissioned by
the President and Commander in Chief.
XXIV. That in case of vacancy in any of the offices above directed to
be filled by the General Assembly and Legislative Council, the President
and Commander in Chief, with the advice and consent of the Privy Coun-
cil, may appoint others in their stead, until there shall be an election by
the General Assembly and Legislative council to fill their vacancies res-
pectively.
XXV. That the President and Commander in Chief, with the advice
and consent of the Privy Council, may appoint during pleasure, until
otherwise directed by resolution of the General Assembly and Legislative
Council, all other necessary officers, except such as are by law directed to
be otherwise chosen.
XXVI. That the President and Commander in Chief shall have no pow-
er to make war or peace, or enter into any final treaty, without the consent
of the General Assembly and Legislative Council.
XXVII. That if any parish or district shall neglect to elect a member or
members on the day of election, or in case any person chosen a member of
the General Assembly shall refuse to qualify and take his seat as such, or
die, or depart the Colony, the said General Assembly shall appoint proper
days for electing a member or members of the said General Assembly in
such cases respectively ; and on the death of a member of the legislative
or privy council, another member shall be chosen in his room, in manner
above mentioned, for the election of members of the legislative and pri\'y
council respectively.
XXVIII. That the resolutions of the Continental Congi-ess,now of force
in this colony, shall so continue until altered or revoked by them.
134 STATUTES AT LARGE
Constitution XXIX. That the resolutions of this or any foi'mer Congress of this
^Sjg colony, and all laws now of force hero (and not hereby altered) shall so
continue, until altered or repealed by the le,Q;islature of this colony, unless
where they are temporary, in which case they shall expire at the times
respectively limited for their duration.
XXX. That the executive authority be vested in the President and
Commander in Chief, limited and restrained as aforesaid.
XXXI. That the President and Commander in Chief, the Vice
President of the colony and privy council respectively, shall have the same
personal privileges as are allowed by act of assembly, to the Govenior,
Lieutenant Governor, and privy council.
XXXII. That all pei-sons now in office shall hold their commissions
until there shall be a new appointment in manner above directed, at which
time all commissions not derived from authority of the congress of this
colony, shall cease and be void.
XXXIII. That all persons who shall be chosen and appointed to any
office or to any place of trust, before entering upon the execution of
office, shall take the following oath : " I, A. B. do swear that I will, to the
utmost of my power, support, maintain and defend the Constitution of
South Carolina, as established by Congress on the twenty-sixth day of
March, one thousand seven hundred and seventy six, until an accommo-
dation of the differences between Great Britain and America shall take
place, or I shall be released from this oath by the legislative authority of
the said colony — So help me God." And all such persons shall also take
an oath of office.
XXXIV. That the following yearly salaries be allowed to the public
officers undermentioned : the President and Commander in Chief, nine
thousand pounds ; the Chief Justice and the Assistant Judges, the sala-
ries, respectively, as by act of Assembly established. ; the Attorney Gen-
eral, two thousand one hundred pounds, in lieu of all charges against the
public for fees upon criminal prosecutions ; the Ordinary, one thousand
pounds ; the three Commissioners of the Treasury, two thousand pounds
each ; and all other public officers shall have the same salaries as are al-
lowed such officers, respectively, by act of Assembly.
Bt/ order of the Congress, March 26 1//, 177 G.
WILLIAM HENRY DRAYTON, President.
Attested,
PETER TIMOTHY, Secretary.
OF SOUTH CAROLINA. 135
♦ACT ESTABLISHING AN OATH OF ABJURATION AND
ALLEGIANCE.
PASSED 13TII FEBRUARY, 1777.
S O UTII CAR OL IN A.
At a General Asscmhhj heguu and lioldcn at Charlestown, on Friday, the sixth
day of December, in the year of our Lord one thousand seven htmdred and
seventy-six, and. from thence continuedby divers ad journments to the thirteenth
day of February, in the year of our Lord one thousand seven hundred and
seventy-seven.
AN ORDINANCE
For establishing an Oath of Abjuration and ALLEciANqE.
Whereas, in all States, Protection and Allegiance are or ouglit to be
reciprocal, and those who will not bear the latter are not entitled to the
benefits of the former, Be it therefore Ordained, by his Excellency John
Rutledge, Esquire, President and Commander in Chief, in and over the
State of South Carolina, by the Honourable the Legislative Council and
General Assembly of the said State, and by the authority of the same,
That the President and Commander in Chief for the time being, with the
advice of the Privy Council, shall appoint proper persons to administer
the following Oath to all the late Officers of the King of Great Britain,
and all other persons (other than prisoners of war) who now are, or here-
after may come into this State, as they, the said President and Privy
Council shall suspect of holding principles injurious to the rights of this
State: " I, A. B. do acknowledge the State of South Carolina is and of
right ought to be a free, independent, and sovereign state, and that the
people thereof owe no allegiance or obedience to George the Third, King
of (rreat laritain, and I do renounce, refuse, and abjure, any allegiance or
obedience to him ; and I do swear (or affirm, as the case may be) that I
Avill to the utmost of my power, support, maintain and defend the said
State against the said King George the Third, and his heirs and succes-
sors, and his or their abbettors, assistants and adherents. And I do far-
ther swear that I will bear Faith and true Allegiance to the said State,
This act is taken from the original manuscript.
136
STATUTES AT LARGE
Act for an and to the utmost of my power, will support, maintain, and defend the
ATH Freedom and Independence thereof."
Allegiance. And be it further Ordained, by (he authoi-ity aforesaid, That if any person
or persons to whom the said Oath shall be tendered, shall refuse to take
the same, then he or they shall Avithin sixty days after such refusal,
or as soon as may be thereafter, be sent off from this State, taking his or
their family or families with them, if he or they shall think fit so to do, to
Europe or the West Indies, at the public expense, except such persons as
in the opinion of the President and Privy Council, are able to pay their
own expenses. Provided, nevertheless, that all and every such person
and persons, shall be at liberty to sell and dispose of his or their estates
and interest in this State, and (after satisfying all just and equitable claims
and demands which shall be brought against him or them) to cany the
amount and produce thereof Avith him or them, and also to nominate and
appoint an Attorney or Attornies (to be approved by the President and
Privy Council) to sell and dispose of his or their estate or estates, and in
like manner with the subjects of this State to demand security or sue for,
as the case may be, and recover in his or their name or names all such
debts and sums of money as are or shall be due, owing, or payable to him
or them respectively, and to remit the same to him or them respectively in
such way and manner as they shall think fit. Provided it be not repugnant
to the Resolutions of Congress or LaAvs of this State. And be it further
Ordained, by the authority aforesaid, that if any person or persons so sent
off from the State shall return to the same, then he or they shall be ad-
judged guilty of Treason against this State, and shall upon conviction
thereof, suffer Death as a Traitor.
Aral be it further Ordained, by the authority aforesaid, that all and
every Person or Persons in this State vv'ho shall hereafter accept or take
any Office or Place of Trust or emolument under the Authority thereof,
shall, before he enters upon the execution of such Office or Place of Trust,
take the oath before mentioned.
In the Coimcil Chamber, the thirteenth day of February, 1777.
Assented to;
J. RUTLEDGE.
HUGH RUTLEDGE,
Speaker of the Legislative Council.
JOHN MATHEWS,
Sjyealcer of the General Assembly.
OF SOUTH CAROLINA. 137
THE CONSTITUTION OF SOUTH CAROLINA,
IOtii March, 1778.
[iSee PampJdet Laics, Rcjjorts and Resohit'ums, 1823,^. 15G ct seq.
SOUTH CAROLINA.
At a General Assemhly hegun and holden at Charlestoicn, on M'mday the
fifth day of January, m the year of our Lord one thousand seven hundred
and seventy-eight, and from thence continued by divers ad'iournments to
the 7iineteenth day of March, in the year of our Lord one thousand seven
hundred and seventy-eight.
An Act for establishino- the Constitution of the State of South Carohna.
Whei'cas, the constitution or form of government agreed to and resol-
ved upon by the freemen of this countiy, met in Congi-ess the twenty
sixtli day of INIarch, one thousand seven hundred and seventy six, was
temporary only, and suited to the situation of their pubhc affairs at that
period, looking forward to an accommodation with Great Britain, an event
then desired. And whereas, the United Colonies of America have been
since constituted independent states, and the political connexion hereto-
foi"e subsisting between them and Great Britain entirely dissolved by the
declaration of the honourable the Continental Congress, dated the fourth
day of July, one thousand seven huhdi-ed and seventy six, for the many
great and weighty reasons therein particularly set forth. It therefore
becomes absolutely necessary to frame a constitution suitable to that great
event.
J?c it therefore constituted and enacted, by his Excellency Rawlins
Lowndes, Esq. President and Commander in Chief, in and over the State
of South Carolina, by the honourable the legislative council and General
Assembly, and by the authority of the same :
That the following articles agreed upon by the freemen of this state,
now met in general assembly, be deemed and held the constitution and
form of government of the said state, unless altered by the legislative au-
thority thereof, which constitution or form of government shall immedi-
ately talce place and be of force from the passing of this act, excepting
such parts as are hereafter mentioned and specified.
VOL. I.— 18.
138 STATUTES AT LARGE
Constitution I. That the style of tliis country be hereafter, the State of Soulli Caro-
j7~);^_ lina.
^^^ly^J II- That tlie leoi.slative authority be vested in a general assembly, to
consist of two distinct bodies, a senate and house of representatives, but
that the legislature of this state, as established by the constitution or form
of government, passed the twenty sixth of Marcli, one thousand seven
hundred and seventy six, shall continue and be in full force until the twenty-
ninth day of November ensuing.
III. That as soon as may be, after the first meeting of the senate and
house of representatives, and at every first meeting of the senate and
house of representatives thereafter, to be elected by virtue of this
constitution, they shall jointly in the house of representatives, choose by
ballot from among themselves or from the people at large, a gov^emor
and commander in chief, a lieutenant-govemor, both to continue for two
years, and a pi-ivy council, all of the protestant religion; and till such
choice shall be made, the former president or governor and commander
iu chief, and vice president or lieutenant governor as the case may be,
and privy council, shall continue to act as such.
IV. That a member of the senate or house of representatives, being
chosen and acting as governor and commander in chief, or lieutenant
goveiTior, shall vacate his seat and another person shall be elected in
his room.
V. That every person who shall be elected governor and commander
in chief of the state, or lieutenant-governor, or a member of the privy
council, shall be qualified as followeth ; (that is to say,) the governor and
lieutenant-governor shall have been residents in this state for ten years, and
the members of the privy council, five years, preceding their said election,
and shall have in this state, a settled plantation or freehold in their, and
each of their own right, of the value of at least ten thousand pounds
currency, clear of debt, and on being elected, they shall respectively take
an oath of cjualification in the house of representatives.
VI. That no future governor and commander in chief who shall serve
for two years, shall be eligible to serve in the said oflhce after the expiration
of the said term, until the full end and term of four years.
VII. That no person in this state shall hold the office of governor
thereof, or lieutenant-governor, and any other office or commission, civil
or military, (except in the militia) eitlier in this or any other state, or
under the authority of the continental congi-ess, at one and the same
time.
VIII. That in case of the impeachment of the governor and comman-
der in chief, or his removal from office, death, resignation or absence
from the state, the lieutenant governor shall succeed to his office, and the
privy council shall choose out of their own body, a lieutenant-governor
of the state. And in case of the impeachment of the lieutenant governor,
or his removal from office, death, resignation or absence from the state,
one of the privy council, to be chosen by themselves, shall succeed to his
office until a nomination to those offices respectively, by the senate and
house of representatives, for the remainder of the time for which the
officer so impeached, removed from office, dying, resigning, or being-
absent, was appointed.
IX. That the privy council shall consist of the lieutenant-govemor for
the time being, and eight other members, five of whom shall be a quorum,
to be chosen as before directed ; four to serve for two years, and four for
one year, and at the expiration of one year, four others shall be chosen
in the room of the last four, to setTe for two years, and all future mem-
OF SOUTH CAROLINA. 139
l)er.s of lli(>])rivy (•(»iiii(lU!i;iIl llHMiccrorwiiid l.c clccled to servo two Constitution
years, wlicrcby there will he a new election <-very year for h:ilfthe privy ^-'-^
council, and a constant rotation estahlished ; hut no member of the ])rivy
council who shall serve for two years, shall 1)C elit^iblc to sen-e therein
after the expiration of the said term, until the full t;nd and term of four
years; jiroridcd <ilw(ri/,s, that no oHicer of the aiTny or navy in the service
of the continent or this state, nor judge of any of the courts of law, shall
be eligible, nor shall the father, son oi- brother to the governor for the time
being, be elected in the ])rivy council during his administration. A
member of the senate and house of representatives being clioscn of tin-
privy council, shall not thereby lose his seat in the senate or house of
representatives, unless he be elected lieutenant-goveraor, in which case
ho shall, and another person shall be chosen in his stead. The privy-
council is to advise the governor and commander in chief when required,
but he shall not be bound to consult them unless directed by law. If a
member of the privy council shall die or depart this state during the recess
of the general assembly, the privy council shall choose another to act in
his room, until a nomination by the senate and house of representatives,
shall take place. The clerk of the privy council shall keep a regulai-
journal of all their proceedings, in which shall be entered the yeas and
nays on evcrv question, and the opinion with the nsasonji at large, of any
member who desires it; which journal shall be laid belbre the legislature
when required by either house.
X. That in case of the absence from the seat of government, or sickness
of the governor and lieutenant-governor, any one of the privy council may
be empowered by the governor, under his hand and seal, to act in his
room, but such appointment shall not vacate his seat iu the senate, house
of representatives or privy council.
XI. That the executive authority be vested in the governor and com-
mander in chief, in manner herein mentioned.
XII. That each parish and district throughout this state, shall, on the
last Monday in November next and the day following, and on the same
days of every succeeding year thereafter, elect by ballot one member of the
senate, except the district of St. Philip and St. Michael's parishes, Charles-
ton, which shall elect two members ; and except also the district between
Broad and Saluda rivers, iu three divisions viz : the Lower district, the
Little River district, and the Upper or Spartan district, eacli of Avliich
said divisions sliall elect one member ; and except the parishes of St.
INIatthew, and Orange, wliich shall elect one member ; and also except
the parishes of Prince George and All Saints, which shall elect one mem-
ber : And the election of senators for such parishes res})ectively, shall,
until otherwise altered by the legislature, be at the j^arish of Prince
George for the said parish and the parish of All Saints, and at the j^arish
of St. Matthew for that parish and the parish of Orange ; to meet on the
first Monday in January then next, at the seat of government, imless the
casualties of war, or contagious disorders, should render it unsafe to meet
there, in which case, the governor and commander in chief for the time
being, may, l)y proclamation, with the advice and consent of the privy-
council, a]ii)oint a more secure and convenient place of meeting; and to
continue for two years from the said last Monday in Novemxber; and that
no person shall be eligible to a seat in the said senate unless he be of
the protcstant religion, and hath attained the age of thirty years, and
hath been a resident in this state at least five years. Not less than thir-
teen members shall be a quorum to do business, but the presidcmt or any
three members m;iy adjourn from day to day. No person Avho resides
in the parish or district for which he is elected, shall take his seat in the
140 STATUTES AT LARGE
Constitution senate, unless he possess a settled,estate and freehold in his own right
17- 3_ in the said parish or district, of the value of two thousand pounds cur-
rency at least, clear of debt ; and no non resident shall be eligible to a
seat in the said senate, unless he is owner of a settled estate and freeheld
in his own right, in the parish or district where he is elected, of the value
of seven thousand pounds currency at least, also clear of debt.
XIII. That on the last Monday in November next, and the day follow-
ing, and on the same days of every second year thereafter, members
of the house of representatives shall be chosen, to meet on the first
Monday in January then next, at the seat of government, unless the
casualties of war or contagious disorders should render it unsafe to meet
there, in Avhich case the governor and commander in chief for the time
being, mnj, by proclamation, with the advice and consent of the privy
council, appoint a more secure and convenient place of meeting, and to
continue for two years from the said last Monday in November. Each
parish and district within this state shall send members to the general
assembly in the following proportions, (that is to say,) the parish of St.
Philip and St. Michael's, Charleston, thirty members; the parish of Chrisf
Church, six members; the parish of St. John's, in Berkely county, six mem-
bers ; the parish of St. Andrew, six members ; the parish of St. George,
Dorchester, six members ; the parish of St. James, Goose Creek, six
members ; the paiish of St. Thomas and St. Dennis, six members ; the
parish of St. Paul, six members ; the parish of St. Bartholomev.-, six
members ; the parish of St. Helena, six members ; the parish of St.
James, Santee, six members ; the parish of Prince George, AVinyaw,
four members ; the parish of All Saints, tAvo members ; the j^ai-ish of
Prince Frederick, six members; the parish of St. John, in Colleton county,
six members ; the parish of St. Peter, six members ; the jDarish of Prince
William, six members ; the parish of St. Stephen, six members ; the
district to the eastward of Wateree river, ten members ; the district of
Ninety six, ten members ; the district of Saxe Gotha, six members ; the
district between Broad and Saluda rivers, in three divisions, viz : the
Lower district, four members ; the Little River district, four members ;
the Upper or Spartan district, four members ; the district between Broad
and Catawba rivers, ten members; the district called the New Acquisition,
ten members ; the parish of St. Matthew, three members ; the parish of
Orange, three members ; the parish of St. David, six members ; the
district between the Savannah river and the North fork of Edisto, six
members. And the election of the said members shall be conducted as
near as may be agreeable to the directions of the present or any futuie
election act or acts; and where there are no Churches or Church War-
dens in a district or parish, the house of rej^rescntatives, at some conve-
nient time before their expiration, shall appoint places of election, and
persons to receive votes and make returns. The qualification of electors
shall be that every free -white man, and no Other person, who acknow-
ledges the being of a God, and believes in a future state of rewai'ds and
])unishments, and who has attained to the age of one and twenty years,
and hath been a resident and an inhabitant in this state for the space of
one whole year before the day appointed for the election, (he offers to
give his vote at) and hath a freehold at least of fifty acres of land, or a
town lot, and hath been legally seized and possessed of the same at least
six months previous to such election, or hath paid a tax the preceding
year, or was taxable the present year, at least six months previous to the
said election, in a sum equal to the tax on fifty acres of land, to the sup-
port of this government, shall be deemed a person qualified to vote for,
and shall be capable of electing a representative, or representatives, to-
OF SOUTH CAROLINA. 141
serve as anicm1)er or members in tlie senate and house Ox^ representatives, Constitution
lor the parish or district where he actually is a resident, or in any other j^^g
parish or district in this state where he hath the like freehold. Electors
shall take an oath or affirmation of qualification, if required by the
returnijig officer. No ])erson shall Ije elij^nble to sit in the house of rep-
resentatives unless he be of the Protestant religion, and hath been a
resident in this state for three years previous to his election. The quali-
fication of the elected, if residents in the parish or district for which they
shall be returned, shall be the same as mentioned in the election act, and
construed to mean clear of debt. But no non-resident shall be elegible
to a scat in the house of representatives unless he is owner of a setthjd
estate and freehold in his own right of the value of three thousand and
five hundred pounds currency at least, clear of debt, in the parish or dis-
trict for which he is elected.
XIV. That if any parish or district neglects or refuses to elect mem-
bers, or if the members chosen do not meet in general assembly, those
Avho do meet shall have the powers of the general assembly. Not less
than sixty nine members shall make a house of representatives to do
business, but the speaker or any seven members may adjourn fi-om day tn
day.
^V; Tjiat at the expiration of seven years after the passing of this
Constitution, and at the end of every fourteen yeai\s thereafter, the rep-
resentation of the whole state shall be propoi-tioned in the most ec^ual and
just manner according to the particular and comparitive strength and
taxable property of the different parts of the same, regard being always
had to the number of white inhabitants and such taxable property.
XVI. That all money bills for the support of government shall
originate in the house of representatives, and shall not bo altered or
amended by the senate, but may be rejected by them, and that no money
be drawn out of the pubhc treasury but by thelegislative authority of the
state. All other bills and ordinances may take rise in the senate or house
of representatives, and be altered, amended or rejected by 'either. Acts
and ordinances having passed the genei-al assembly shall have the great
seal affixed to them by a joint committee of both houses, who sliall wait
upon the Governor to receive and return the seal, and shall then be signed
by the President of the Senate and Speaker of the House of Repre-
sentatives, in the Senate house, and shall thenceforth have all the force
and validity of a law, and be lodged in the Secretary's office. And the
senate and house of representatives respectively, shall enjoy all other
privelegcs which have at any time been claimed or exercised by the Com-
mons house of assembly.
•XVH. Tliat neither the senate nor house of representatives shall have
power to adjourn themselves for any longer time than three days, without
the mutual consent of both. The Governor and , Commander in Chief
shall have no pov/er to adjourn, prorogue or dissolve them, but may, if
necessary, by and with the advice and consent of the privy council, con-
vene them before the time to which they shall stand adjourned. And
where a bill hath been rejected by either house, it shall not be brought in
agaui that session, without leave of the house, and a notice of six davs
being ])reviously given.
XVIII. That the senate and house of representatives shall each choose
their respective officers by ballot, without controul, and that during a
recess, the President of the Senate and Si)eaker of the House of Repre-
sentatives shall issue writs for filling up vacancies occasioned by death in
their respective houses, giving at least three weeks and not more than
thirty five days previous notice of the time appointed for the election.
142 STATUTES AT LARGE
Constitution XIX. That if any parish or district shall neglect to elect a member or
17~^ members on the day of election, or in case any person chosen a member
\^^y^i^ of either liouse, shall refuse to qualify and take his seat as such, or die, or
depart the state, the senate or house of representatives as the case may be,
shall appoint proper days for electing a member or members, in such cases
respectively.
XX. That if any member of the senate or house of representatives
shall accept any place of emolument, or any commission (except in
the militia, or commission of the peace, and excej^t as is excepted in
the tenth article) he shall vacate his seat, and there shall thereupon
be a new election, but he shall not be disqualified from serving upon
being re-elected, unless he is appointed Secretary of the State, a
Commissioner of the Treasury, an Officer of the Customs, Register of
Mesne Conveyances, a Clerk of either of the Courts of justice,
Sheriff, Powder-reviewer, Clerk of the Senate, House of Representa-
tives or Piivy Council, Surveyor General, or Commissary of Military
stores, which officers are hereby declared disqualified from being mem-
bers either of the senate or house of representatives.
XXI. And whereas the ministers of the gospel are by their profession
dedicated to the service of God and the cure of souls, and ought
not to be diverted from the great duties of their function, — therefore
no minister of the gospel or public preacher of any religious persua-
sion, while he continues in the exercise of his pastoral function, and
for two years after, shall be eligible either as Governor, Lieutenant
Governor, a member of tlie Senate, House of Representatives, or Privy
Council in this state.
XXII. That the delegates to represent this state in the Congress of
the Ll^nited States, be chosen annually by the senate and house of rep-
resentatives jointly, by ballot, in the house of representatives, and
nothing contained in this Constitution shall be construed to extend to
vacate the seat of any member who is or may be a delegate from this
state to Congi'ess as such.
XXIII. That the form of impeaching all officers of the state for
mal and coiTupt conduct in their respective offices, not amenable to any
other jurisdiction, be vested in the house of representatives. But that
it shall always be necessary that two third parts of the members present
do consent to and agree in such in^peachment. That the senators and
such of the judges of this state as are not members of the house of
representatives, be a court for the trial of impeachments, under such
regulations as the legislature shall establish, and that previous to the trial
of every impeachment, the members of the said court shall respectively
be sworn, truly and impartially to try and determine the charge in ques-
tion, according to evidence, and no judgement of the said court, except
judgement of acquital, shall be valid, unless it shall he assented to by
two third parts of the members then present ; and on every trial, as well on
impeachments as others, the party accused shall be allowed counsel.
XXIV. That the Lieutenant Governor of the state and a majority of the
privy council for the time being, shall, until otherwise altered by the
legislature, exercise the powers of a Court of Chancery; and there shall be
Oi'dinaries appointed in the several districts of this state, to be chosen by
the senate and house of representatives jointly by ballot, in the house
of representatives, who shall, within their respective districts, exercise the
jDOwers heretofore, exercised by the Ordinary; and until such appointment
is made, the present Ordinary in'Charleston shall continue to exercise
that office as heretofore.
OF SOUTH CAROLINA. 113
XXV. That llic iurisdiction of llic Court of Admlraltv 1)0 confird to Constitution
. • •' *' OF
mai'iUmo causes, j~7g
XXVI. That justices of the peace shall ])C nominated l)y ilio senate; ^^^^^-^_^
and house of re])resentativcs jointly, and commissioned by the (jovernor and
Commander in Chief durintr pleasure. They shall be entitled to receive the
fees heretofore established l>y law ; and not acting in the magistracy, they
shall not be entitled to the; j)rivcleges allowed them by law.
XXVII. That all other jiulicial officers shall be chosen by ballot, jointly
by the Senate and House of Representatives, and, except the judges of
the Court of Chancery, commissioned by the Goveinor and Commander
in Chief during good behaviour, but shall bo removed on address of the
Senate and House of Representatives.
XXV^lII, That the Sherilfs, qualified as by law directed, shall be chosen
in like manner by the Senate and House of Representatives, when the
Governor, Lieutenant Governor and Privy Council arc chosen, and com-
missioned by the Governor and Commander in Chief, for two years, and
shall give security as required by law, before they enter on the execution
of their office. No sheriff who shall have served for two years shall be
eligible to serve in the said office after the expiration of the said tenn, until
the full end and term of four years, but shall continue in office until such
choice be made; nor shall any person be eligible as sheriff in any district,
unless he shall have resided therein for two years previous to the election.
XXIX. That two Commissioners of the Treasury, the Secretary of the
State, the Register of mesne conveyances in each district, Attoi'iiey Gen-
eral, Surveyor General, Powder Receiver, Collectors and Comptrollers of
the Customs and Waiters, be chosen in like manner by the Senate and
House of Rejiresentatives jointly, by ballot, in the House of Representa-
tives, and commissioned by the Governor and Commander in Chief, for
two years ; that none of the said officers, respectively, who shall have
served for four years, shall be eligible to serve in the said offices after the
expiration of the said term, until the full end and term of four years,
but shall continue in office until a new choice be made. Provided, that
nothing herein contained shall extend to the several persons appointed to
the above offices respectively, under the late constitution : and that the
present and all future Commissioners of the Treasury, and Powder re-
ceivers, shall each give bond with approved security agi'eeable to law.
XXX. That all the officers in the army and navy of this State, of and
above the rank of captain, shall bo chosen by the Senate and House of
Representatives jointly, by ballot in the House of Representatives, and
commissioned by the Governor and Commander in (^hief, and that all
other officers in the Army and Navy of this State, shall be commissioned
by the Governor and Commander in Chief.
XXXI. That in case of vacancy in any of the offices above directed to
be filled by the Senate and House of Representatives, the Governor and
Commander in Chief, with the advice and consent of the Piivy Council,
may appoint others in their stead, until there shall be an election by the
Senate and House of Representatives, to fill those vacancies respectively.
XXXII. That the Governor and Commander in Chief, with the advice
and consent of the Privy Council, may appoint during pleasure, until
otherwise directed by law, all other necessaiy officers, except such as aie
now by law directed to be otherwise chosen.
XXXIII. That the Governor and Commander in Chief shall have no
power to commence war, or conclude peace, or enter into any final treaty,
without the consent of the Senate and House of Representatives.
14 i STATUTES AT LARGE
CoNSTiTUTio.v XXXIV. That the resolutions of the late Congress of tljis Slate, and
jyr^g all laws now of force here (and not hereby altered) shall so continue un-
til altered or repealed by the legislature of this State, unless where they
ai'e temporary, in which case, they shall expire at the times respectively
limited for their duration.
XXXV. That the Governor and Commander in Chief for the time being,
by and with the advice and consent of the Privy Council, may lay embar-
goes, or prohibit the exportation of any commodity, for any time not ex-
ceeding thirty days, in the recess of the General Assembly.
XXXVI. That all persons who shall be chosen and appointed to any
office, or to any place of trust, civil or military, before entering upon the
execution of office, shall take the following oath. " I, A. B. do acknow-
ledge the State of South Carolina to be a free, sovereign and independent
State, and that the people thereof owe no allegiance or obedience to
George the Third, King of Great Britain, and I do renounce, refuse, and
abjure any allegiance or obedience to him. And I do swear, (or affiim, as
the case may be) that I will, to the utmost of my power, support, main-
tain and defend the said State against the said King George the Third,
and his heirs and successors, and his or their abettors, assistants and ad-
herents, and will sei've the said State in the office of , with
fidelity and honour, and according to the best of my skill and understand-
ing.
So help me God."
XXXVII. That adequate yearly salaries be allowed to the public officers
of this State, and be fixed by law.
XXXVIII. That all persons and religious societies who acknowledge
that there is one God, and a future state of rewards and punishments, and
that God is publicly to be worshipped, shall be freely tolerated. The
Christian Protestant religion shall be deemed, and is hereby constituted
and declared to be the established religion of this State. That all deno-
minations of Christian protestants in this State, demeaning themselves
peaceably and faithfully, shall enjoy equal religious and civil privileges.
To accomplish this desirable purpose without injury to the religious pro-
perty of those societies of Christians which are by law already incorpo-
rated for the purpose of religious worship, and to put it fully into the
power of every other society of Christian protestants, either already formed
or hereafter to be formed, to obtain the like incorporation, it is hereby
constituted, appointed and declared, that the I'espective societies of the
Church of England, that are already formed in this State, for the purpose
of religious worship, shall still continue incorporate and hold the religious
property now in their possession. And that whenever fifteen or more
male persons, not under twenty one years of age, professing the Chris-
tian protestant religion, and agi'eeing to unite themselves in a society for
the purposes of religious worship, they shall, (on complying with the terms
herein after mentioned) be, and be constituted a Church, and be esteemed
and reo-arded in law as of the established religioar of the State, and on a
petition to the legislature, shall be entitled to be incorporated and to enjoy
equal privileges. That every society of Christians so formed, shall give
themselves a name or denomination by which they shall be called and known
in law, and all that associate with them for the purposes of worship, shall be
esteemed as belonging to the society so called. But that previous to the
establishment and incorporation of the respective societies of every denom-
ination as aforesaid, and in oi-der to entitle them thereto, each society so
OF SOUTH CAROLINA. - 145
petitioning shall have agreed to and subscribed in a book the following Constitution
five articles, without which no agreement or union of men upon pretence 5773
of religion, shall entitle them to be incorporated and esteemed as a
Church of the established rchgion of this State.
1st. Tiiat there is one Eternal God, and a future state of rewards and
punishments.
2d. That God is publicly to be worshipped.
3d. That the Christian Religion is the true religion.
4th. That the Holy Scriptures of the old and new Testaments are of
divine inspiration, and are The rule of faith and practice.
r5th. That it is lawful and the duty of every man being thereunto called
by those that govern, to bear witness to the truth.
And that every inliabitant of this State, when called to make an appeal
to God as a witness to truth, shall be permitted to do it in that way which
is most agreeable to the dictates of his own conscience. And that the
people of this State may forever enjoy the right of electing their own
pastors or clergy, and at the same time that the State may have sufficient
security for the duo discharge of the pastoral office, by those who shall be
admitted to be clergymen ; no person shall officiate as minister of any
established church, who shall not have been chosen by a majority of the
society to which he shall minister, or by persons appointed by the said
majority, to choose and procure a minister for them; nor until the min-
ister so chosen and appointed shall have made and subscribed to the fol-
lowing declaration, over and above the aforesaid five articles, viz : " That
he is determined by God's grace out of the Holy Scriptures, to instruct
the people committed to his charge, and to teach nothing as required of
necessity to eternal salvation, but that which he shall be persuaded may
be concluded and proved from the scripture; that he will use both public
and private admonitions, as well to the sick as to the whole within his
cure, as need shall require and occasion shall be given, and that he will be
diligent in prayers, and in reading of the holy sci'iptures, and in such stu-
dies as liel]) to the knowledge of the same ; that he will be diligent to
frame and fashion his own self and his family according to the doctrine of
Christ, and to make both himself and them, as much as in him lieth,
wholesome examples and patterns to the flock of Christ; that he will main-
tain and set forwards, as much as he can, quietness, peace and love among
all people, and especially among those that are or shall be committed to
his charge. No person shall disturb or molest any religious assembly ;
nor shall use any reproacliful, reviling or abusive language against any
church, that being the certain way of disturbing the peace, and of hinder-
ing the conversion of any to the truth, by engaging them in (piarrels and
anin^osities, to the hatred of the pi'ofessors, and that profession which
otherwise they might be brought to assent to. No person whatsoever
shall speak any thing in their religious assembly iiTeverently or seditiously
of the government of this State. No pei'son shall by law, be obliged to
pay towards the maintenance and support of a religious worship, that he
does not freely join in, or has not voluntarily engaged to support. But the
churches, chapels, parsonages, glebes, and all other property now belong-
ing to any societies of the Church of England, or any other religious so-
cieties, shall remain and be secured to them forever. The poor shall be
suppoited, and elections managed in the accustomed manner, until laws
shall be provided to adjust those matters in the most equitable way.
VOL. L— I'J.
146 STATUTES AT LARGE
Constitution XXXIX. That the whole State shall, as soon as proper laws can be
1778 passed for these purposes, he divided, into districts and counties, and coun-
ty courts established.
XL. That the penal laws, as heretofore used, shall be reformed, and
punishments made in some cases less sanguinary, and in general more pro-
portionate to the crime.
XLI. That no freeman of this State be taken or imprisoned, or disseised
of his freehold, liberties or privileges, or outlawed, exiled, or in any man-
ner destroyed or deprived of his life, liberty or property, but by the judg-
ment of his peers, or by the law of the land.
XLIL That the military be subordinate to the civil power of the State.
XLin. That the liberty of the press be inviolably preserved.
XLIV. That no part of this constitution shall be altered without notice
being previously given of ninety days, nor shall any part of the same be
changed without the consent of a majority of the members of the Senate
and House of Representatives.
XL V. That the Senate and House of Representatives shall not proceed
to the election of a governor or lievitenant governor, until there be a ma-
jority of both houses present.
hi the Council Chamhvr, the \^th day of March, 1778.
Assented to.
RAWLINS LOWNDES.
HUGH RUTLEDGE,
i^'pcahcr of tlie Legislative Cotmcil.
THOMAS BEE,
Sj)eakcr of the General Asscmhly.
OF SOUTH CAROLINA. M7
ACT ENFORCINCr AN ASSURANCE OF ALLEGIANCE AND
FIDELITY TO THE STATE.
.Passed March 28tii, 1778.'*
SOUTH CAROLINA.
At a General Assemhly hegun and Jioldcn at Charlestown on Monday the fifth
day of January in the Year of our Lord one thousand seven hundred and
seventy-eight, and from thence contimied hy divers adjournmrnts to Satur-
day the twenty-eighth day of March one thousand seven hundred and seven-
ty-eight.
AN ACT TO OBLIGE EVERY FREE MALE INHABITANT OF THIS StATE, ABOVE
A CERTAIN AGE, TO GIVE ASSURANCE OP FIDELITY AND ALLEGIANCE TO THE
SAME, AND FOR OTHER PURPOSES THEREIN MENTIONED.
Whereas, the established and fundamental principle of all societies
where mankind nnite for common safety and happiness, has rendered the
blessing of protection and the duty of allegiance necessarily reciprocal
and inseparable, whereby those who will not conform to the latter, for-
feit every right oi- claim to the former :
Be it thercfiire enacted, by his Excellency Rawlins Lowndes, Esquire,
President and Commander-in-Chief, in and over the State of *South
Carolina, and by the Honourable the Legislative Council and General
Assembly of the said State and by the authority of the same, That every
free male person within this State above the age of sixteen years, shall
take and subscribe the following oath or affirmation before the person or
persons and within the time hereinafter appointed and limited, (that is
to say,) " I, A. B. do swear (or affirm as the case may be) that I will
boar true Faith and Allegiance to the State of South Carolina, and Avill
faithfully support, maintain and defend the same against George the Third,
King of Gieat 13ntain, his successors, abettors and all other enemies and
opposers whatsoever, and will without delay, discover to the Executive
Authority or some one Justice of the Peace in this State, all plots and
conspiracies that shall come to my knowledge against the said State, or
any other of the United States of America. So help me God.
'"Frora the original Manuscript Act.
148 STATUTES AT LARGE
Act TO Jl^fl Ic it further cvactedlnj the anthorify aforesaid, That the Colonel
Ali.i5;giance. "f '^^^^ Regiment of Militia, and Captain of the Company of Artillery
in Charlestown, within one month ; and the Colonels or Commanding
Officers of the several other Regiments or Companies of Militia through-
out this State, within three months, after the passing of this act, shall
cause their I'espective Regiments or Companies to be assembled at some
convenient place, and the said Colonels "^or Commanding Officers, at the
head of their said Regiments respectively, shall take the oath above pre-,
scribed, and then administer the same to all the other Commissioned
Officers of the said Regiments : And the Captains and other Commis-
sioned Officers of Companies after taking the Oath, shall tender and ad-
minister the same to the Non-Commissioned Officers and Privates of their
respective Companies, and if any Commissioned Officer, Non-Commis-
sioned Officer, or private, shall refuse to take the said Oath, every sucji
person so refusing shall be immediately disarmed : Promdcd ahrays,
That every ]ierson so disarmed, shall nevertheless be obliged to attend
all musters, but be exempted from fines for appearing thereat without
anus, ammunition, or accoutrements.
And he it further enacted hy the authority aforesaid, That if any per-
son or persons by reason of sickness or olher unavoidable accidents, shall
not repair to the place fixed upon by his or their Colonel or Command-
ing Officer, for the assembling of the Regiment or Company at the time
appointed, and take the said Oath, that then every such person or per-
sons shall within one month thereafter, go before the Captain of the Com-
pany to which he or they belong, and take the Oath aforesaid ; which
being done the said Captain shall certify the same in manner as is herein-
after directed, and in default thereof such jierson or persons shall be dis-
armed by the orders of the Captain aforesaid.
And he it further enacted hy the authority a foresaid. That from and im-
mediately after the passing of this act, the members of the present Le-
gislative Council and General Assembly in their respective houses, and
all persons holding any office or place of trust or emolument in this
State, also all Ferrymen, Pilots, and all other ]iersons not subject to INIili-
tia duty except in times of alarm, shall within one month thereafter,
before any one Justice of the Peace, take and subscribe the Oath above-
mentioned; nor- shall any person or persons hereafter be capable of being
chosen or appointed to any office, place of trust or emolument in this
State, or be qualified to vote at any public election whatever, or to serve
as a Juror in any Court within this State, or be at liberty to commence
any action or suit either in law or equity, or to hold or possess any Lands,
Tenements or Heriditaments in this State by gift, devise or purchase,
unless such person or persons, previous to his or their appointment to
such office, place of trust or emoknnent, voting at such election, serving
on any Jury, commencing any action or suit, or purchasing or posses-
sing any Lands, Tenements or Heiiditaments, shall have taken the Oath
above prescribed before some Justice of the Peace or other person here-
in before appointed to administer the same, any Law, Usage or Custom
to the contrary thereof, in any wise notwithstanding.
And he it further enacted hy the authority aforesaid. That all and eveiy
person and persons coming hereafter into this State either by Land or
Water, shall, and he and they, is, and are directed and required imme-
diately to go to the nearest Justice of the Peace in the Parish or District
into which he or they shall so amve or come, and take the Oath before
prescribed, whereupon he or they shall obtain a certificate or certificates
thereof from the said Justice, and if any person or persons shall neglect
OF SOUTH CAROLINA. 149
to comply with the direction of this act, any one Justice of the Peace Act to
within his proper Parish or district, shall, and he is herehy authorized, Ai i i (.i\.n<k
enjoined and required, immediately to cause such person or persons to « ^r^s^-^^j
be apprehended and brought before him and to tender him or ihem the
Oath abovemcntioned, and on refusal to take it, he or they sliall be com-
mitted by the said Justice to the nearest Gaol, where such person or
persons is or are there to remain without bail or mainprize, until he (u-
they shall give bond with good security in the sum of Ten Thousand
]'ounds currency, immediately to depart the State never to return unless
peiinitted by the Legislative authority of this State, which bond shall be
made payable to the President and Commander-in-Chief for the time
being for the use of the State. Provided always, that if bond and secu-
rity be not given within thirty days after commitment as aforesaid, that
then the President or Commander-in-Chief shall cause such person or
persons to be sent off in the first vessel or vessels that shall thereafter
sail for Europe. And further provided, that nothing herein contained shall
extend or be construed to extend to any prisoners of war, officers in the
army or navy of the United States, or of this State, master or mariners
actually belonging to any ship or other vessel trading to this State, and
not citizens of the same, or mei'chants trading here from ports under the
dominion of foreign powers in amity with the United States.
And, he it far the r enacted, hi/ the authority aforesaid. That all persons
authorized by this act to tender and administer the Oath herein contained,
shall immediately after administering such Oath, give to the person or
persons who shall take the same, the following Certificate, (that is to say)
" I do hereby certify that hath taken and subscril)ed the Oath
(or alhrmation as the case may be) of allegiance and fidelity, as directed
by an Act of the General Assembly of the State of South Carolina, en-
titled An Act to oblige every free male person of this State above a cer-
tain age to give assurance of Fidelity and Allegiance to the same and
for other purposes."
And he it farther enacted hy the authority aforesaid. That every jierson
who is authorized by this act to administer the Oath above pi escribed
shall keep a fair Register of the names of all and every person and per-
sons to whom the said Oatli shall be administered, and also of such as '
shall refuse to take the same, and transmit authentick copies of such
registers under their hands and seals respectively, on every fourth of July
yearly, to the Sheriff of the district wherein such person or persons reside
who have taken or refused to take the said Oath.
And he it farther enacted hy the authority aforesaid. That all and every
person and persons neglecting or refusing to take the Oath Avithin the
time prescribed by this act and remaining in the State for more than
sixty days thereafter, shall be thenceforth incapable of exercising any pro-
fession, trade, art or mystery in this State, or buying or selling or acqui-
ring, or conveying any property whatever, and all pioperty so brought
or sold, acquired or conveyed, shall bo forfeited and disposed of, one half
to the informer and the other half to this State; and the person or per-
sons so buying, acquiring, conveying, or selling as aforesaid, shall like-
wise forfeit the sum of one hundred ])ounds cuiTent money to the State
for every act and thing that he or they shall do, which he or they is or
are hereby disqualified from doing.
And he it further enacted hy the authority (foresaid, That if any per-
son or ]iersons required by tliis act to take the Oath hereby prescribed,
shall refuse or neglect to take the same and shall depart this State within
sixty days thereafter, all and every such person and persons may appoint
150 STATUTES AT LAROE
an attorney or attomios to be approved of by the Commander-in-Chief
for the time being, which attorney or attoniies shall sell or dispose of all
and singular the estate, real and personal, of such person and persons by
whom he or they shall be so appointed, and all such sum and sums of
money as shall arise from the said sale, as well as all and every other
sum and sums of money Avhich shall be due and owing to the said per-
son or persons, shall, after satisfying all just and equitable claims and de-
mands which shall be brought against such person or persons, be remitted
by the said attorney or attornies to his or their principal within twelve
months after the person or persons who shall so refuse or neglect to take
the said Oath shall have withdrawn him or themselves from this State ;
and if the said person or persons so refusing or neglecting, and withdraw-
ing, shall not appoint an attorney or attornies, in such case the Com-
mander-in-Chief for the time being, shall with the advice of the Privy
Council, appoint proper persons to take charge of the estate of the said
person or persons so leaving this State, and the ])ersons so to be appoint-
ed, shall within three months from the day of their appointment, sell and
dispose of such estate as shall be committed to them by virtue of this
act, and pay the money which shall arise from the said sale, into the pub-
lic Treasury of this State. And in case the attorney or attorneys to be
appointed by the person or persons leaving this State, shall not remit to
him or them the money to arise from the said sales as well as all other
money that shall be due or owing to the said person or persons within
twelve months after such person or persons shall have withdrawn from
this State, then the said attorney or attornies shall within one month after
the expiration of the time limited for remitting the said money, pay the
same into the public Treasury of this State.
And he it further enacted, hy the authoriti/ aforesaid, That the attorney
or attoiTiies of all such persons as have been sent off from this State in
consequence of their having refused to take the Oath prescribed by an
Ordinance, entitled " an Ordinance for establishing an oath of abjuration
and allegiance," passed the thirteenth day of February one thousand
seven hunred and seventy-seven, shall, within eighteen months after the
passing of this act, sell and dispose of all and singular the estate real
and personal of such person or persons to whom they were appointed
attorney or attornies, and to remit to him or them wdthin twelve months
thereafter, all such sum or sums of money as shall arise from the sales
thereof, after satisfying all just and equitable claims or demands which
shall be brought against such person or persons, and all other sums of
money which shall be due or owing to such person or persons : and if
the said attorney or attornies shall neglect or refuse so to do, then and in
that case the Commander-in-Chief for the time being with the advice of
the Privy Council, shall appoint some person or persons in the jolace of
the attorney or attoniies so neglecting or refusing to sell or remit, which
person or persons so to be ajipointed, shall within three months after his
or their appointment sell and dispose of the estate or estates so to be
committed to his or their charge, and pay the money to- arise from such
sale or sales into the public Treasury of this State.
And he it further enacted hy the authority aforesaid. That if any per-
son refusing or neglecting to take the Oath prescribed by this Act and
withdrawing from this State, shall return to the same, then he shall be
adjudged guilty of Treason against this State, and shall, upon conviction
thereof, suffer death as a Traitor.
And he it further enacted hy the authority aforesaid. That the first
clause in an ordinance entitled " An Ordinance for establishing an oath of
OF SOUTH CAROLINA. 151
abjuration and allegiance, passed the thirteenth day of February one thou- ,Act to
sand seven hundred and seventy-seven, be and the same is hereby re- AiiT(ri1\(f:
pealed ond made void to all intents and purposes whatsoever.
In tJie Council Chaviher, the twenty-eighth day of March, 1778.
Assented to.
RAWLINS LOWNDES.
HUGH RUTLEDGE,
Speaker of the Legislative Council.
THOMAS BEE,
Speaker of the General Asscmhly.
152 STATUTES AT LARGE
ARTICLES OF CONFEDERATION.
In Congress, July 8th, 1778.
Artides of Confederation and perpetual Vnlon, heticeen the States of New
Hampshire, Massaclmsetts Bay, Rhode Island and Providence FlantatAons,
Connecticut, Neui York, New Jersey, Pennsylrania, Delaicarc, Maryland,
Virginia, North Carolina, South Carolina, and Georgia.
Article I. The style of this Confederacy shall be, " the United States
of America."
II. Each state retains its sovereignty, freedom, and independence, and
every powder, jurisdiction, and right, v^^hich is not by this confederation
expressly delegated to the United States in Congi-ess assembled.
III. The said States hereby severally enter into a firm league of friend-
ship with each other, for their common defence, the security of their
liberties, and tlieir mutual and general v^^elfare, binding themselves to
assist each other against all force offered to, or attacks made upon them,
or any of them, on account of religion, sovereignty, trade, or any other
pretence whatever.
IV. Sect. 1st. The better to secure and perpetuate mutual friendship
and intercourse among the people of the different States of this Union,
the free inhabitants of each of these states, paupers, vagabonds, and
fugitives from justice excepted, shall be entitled to all priviledges and
immunities of free citizens in the several states ; and the people of
each state shall have free ingress and egress to and from any other
state, and shall enjoy therein all the priviledges of trade and commerce,
subject to the same duties, impositions and restrictions, as the inhabitants
thereof respectively ; provided that such restrictions shall not extend so
far as to prevent the removal of property imported into any state, to any
other state of which the owner is an inhabitant ; j^^ovided cdso, that no
imposition, duties, or restriction, shall be laid by any state, on the proper-
ty of the United States, or either of them.
IV. 2. If any person guilty of, or charged with treason,^ felony, or
other high misdemeanor in any state, shall flee from justice, and be
found in any of the United States, he shall, upon the demand of the
Governor or executive power of the state from which he fled, be
delivered up and removed to the state having jurisdiction of his of-
fence.
IV. 3. Full faith and credit shall be given in each of these states, to
the records, acts, and judicial proceedings of the courts, and magistrates
of every other state.
V. 1. For the more convenient management of the general interests
of the United States, delegates shall be annually appointed in such
OF SOUTH CAROLINA.
153
manner as the legislature of each state shall direct, to meet in Congress
on the first Monday in November, in every year, with a ])ower reserved
to each state to recall its delegates, or any of them, at any time within
the year, and to send others in their stead, fen* the remainder of the
year.
V, 2. No State shall bo represented in Congi'ess by less than two,
nor more than seven members ; and no person shall be capable of being
a delegate for more than three years, in any term of six yeai's ; nor shall
any person being a delegate, be capable of holding any oiFice under the
United States, for which he, or any other for his benefit, receives any
salary, fees, or emolument, of any kind.
V. ,3. Each state shall maintain its own delegates in a meeting
of the states, and while they act as members of the committee of these
states.
V. 4. In determining questions in the United States in Congress as-
sembled, each state shall have one vote.
V. 5. Freedom of speech and debate in Congress shall not be im-
peached or questioned in any court or place out of Congi-ess, and the
members of Congress shall be protected in their persons from arrests
and imprisonments during the time of their going to and from, and
attendance on Congress, except for treason, felony, or breach of the
peace.
VI. 1. No state, without the consent of the United States in Congress
assembled, shall send any embassy to, or receive any embassy from, or
enter into any conference, agreement, alliance, or treaty, with any kino-,
prince, or state, nor shall any person holding any office of profit or trust
under the United States, or any of them, accept of any present, emolu-
ment, office, or title, of any kind whatever, from any king, prince, or
foreign state ; nor shall the United States in Congress assembled, or any
of them, grant any title of nobility.
VI. 2. No two or more states shall enter into any treaty, confedera-
tion, or alliance whatever, between them, without the consent of the
United States in Congress assembled, specifying accurately the purposes
for which the same is to be entered into, and how long it shall con-
tinue.
VI. 3. No state shall lay any imposts or duties which may interfere
with any stipulations in treaties entered into by the United States in
Congress assembled, with any king, prince, or state, in pursuance of any
treaties already proposed by Congress to the courts of France and
Spain.
VI. 4. No vessel of war shall be kept up in time of peace by any
state, except such number only as shall be deemed necessary by the
United States in Congress assembled, for the defence of such state, or its
ti'ade : nor shall any body of forces be kept up by any state in time of
peace, except such numljer only as, in the judgement of the United
States in Congress asseml^led, shall be deemed requisite to garrison the
forts necessary for the defence of such state ; but every state shall always
keep up a well regulated and disciplined militia, sufficiently armed and
accoutred, and shall provide and constantly have ready for use in public
stores, a due number of field pieces and tents, and a proper quantity of
arms, ammunition, and camp ecpupage.
VI. 5. No state shall engage in any war without the consent of the
United States in Congress assembled, unless such state be actually inva-
ded by enemies, or shall have received certain advice of a resolution
being formed by some nation of Indians to invade such state, and the
VOL. I.— 20.
Article
OF
Co.NFEOERA.-
TION.
154 STATUTES AT LARGE
Articles rlanc^er is so imminent as not to atlmit of delay till tlic United States in
CoNFRBERA- Congrcss assembled can be consulted ; nor shall any state grant commis-
TioN. sions to any ships or vessels of war, nor letters of marque, or reprisal,
except it be after a declaration of war by the United States in Congi-ess
assembled, and then only against the kingdom or state and the subjects
thereof, against which, war has been so declared, and under such regula-
tions as shall be established by the United States in Congresss assembled,
unless such state be infested by pirates, in which case vessels of war
may be fitted out for that occasion, and kept so long as the danger shall
continue, or until the United States in Congress assembled shall deter-
mine otherwise.
VII. When land forces are raised by any state for the common
defence, all officers of, or under the rank of Colonel, shall be appointed
by the legislature of each state respectively, by whom such forces shall
be raised, or in such manner as such state shall direct, and all vacancies
shall be filled up by the state which first made the appointment.
VIII. All charges of war, and all other expenses that shall be
incuiTed for the common defence or general welfare, and allowed by the
[Jnited States in Congress assembled, shall be defrayed out of a common
treasury, which shall be supplied by the several states, in proportion to
the value of all land within each state, granted to or surveyed for any
jierson, as such land and the buildings and improvements thereon shall be
estimated, according to such mode as the United States in Congi-ess assem-
bled, shall, from time to time, direct and appoint. The taxes for paying
that pro]iortion, shall be laid and levied by the authority and direction of
the legislatures of the several states, within the time agreed ujion by the
United States in Congi'ess assembled.
' IX. 1. The United States in Congress assemlilcd, shall have the
whole and exclusive right and power of determining on peace or war,
except in the cases mentioned in the sixth article ; of sending and receiv-
ing ambassadors ; entering into treaties and alliances, provided that no
treaty of commerce shall be made, whereby the legislative power of
the respective states shall be restrained from imposing such imposts
and duties on foreigners, as their own people are subjected to, or for
prohibiting the exportation or importation of any species of goods or
commodities whatever ; of establishing rules for deciding in all cases
what captures on land or water shall be legal, and in what manner
prizes taken by land or naval forces in the service of the United States
shall be divided or appropriated,; of granting letters of marque and
reprisal in time of peace ; appointing courts for the trial of piracies and
felonies committed on the high seas ; and establishing courts for receiving
and determining finally, appeals in all cases of captures; Provided that no
member of congress shall be appointed a judge of any of the said
courts.
IX. 2. The United States in Congress assembled, shall also be the
last resoit on appeal in all disputes and differences now subsisting, or
that hereafter may arise between two or more states, concerning bounda-
ry, jurisdiction, or any other cause whatsoever ; which authority shall
always be exercised in the manner following ; Whenever the legisla-
tive or executive authority, or lawful agent of any state in controversy
with another, shall present a petition to Congress, stating the matter in
question, and praying for a hearing, notice thereof shall be given by
order of Congress to the legislative or executive authority of the other
state in controversy, and a day assigned for the appearance of the parties
by their lawful agents, who shall then be directed to appoint, by joint
OF SOUTH CAROLINA. in=
consent, commissioners or judges to constitute a court for hearing and Articles
doterminiug the matter in (|uestion ; but if they cannot ajrrce, Congi-ess Confkdera-
sliall name throe persons out of eacli of the United States, and from the tion.
list of such ])ersons, each party shall alternately strike out one, iIm;
])etitioners hegiiming-, until the number shall be reduced to thirteen ; and
from that numl)er not less tlian seven, nor more than nine names, as
Congress shall direct, shall in the presence of Congress, be drawn out
by lot; and the persons whose names shall be so drawn, or any five of
them, shall be commissioners or judges, to hear and finally determine
the controversy, so always as a major part of the judges who shall hear
the cause, shall agree in the detemiination : and if either party sliall
neglect to attend at the day appointed, without shewing reasons which
Congress shall judge sufficient, or being present shall refuse to strike,
then Congress shall proceed to nominate three persons out of each state,
and the Secretary of Congress shall strike in behalf of such party absent,
or refusing ; and the judgement and sentence of the court, to be appoin-
ted in the manner before pi'escribed, shall be final and conclusive ; and
if any of the parties shall refuse to submit to the authority of such court,
or to ajjpear or defend their claim or cause, the court shall nevertheless
proceed to pronounce sentence or judgement, which shall in like manner
be final and decisive ; the judgement or sentence and other proceedings
being in cither case transmitted to Congress, and lodged among the acts
of Congress, for the security of the parties concerned ; provided, that
every commissioner, before he sits in judgement, sliall take an oath, to
be administered by one of the judges of the supreme, or superior court
of the state where the cause shall be tried, " well and truly to hear and
determine the matter in question, according to the best of his judgement,
without favour, affection, or hope of reward ; Provided also that no
state shall be deprived of territory for the benefit of the United
States.
IX. 3. All controversies concerning the private right of soil claimed
under different grants of two or more states, whose jurisdiction, as they
may respect those lands, and the states which passed such grants are ad-
justed, the said grants or either of them being at the same claimed to have
oi'iginated antecedent to such settlement of jurisdiction, shall, on the pe-
tition of either party, to the Congress of the United States, be finally de-
temiined, as near as may be, in the same manner as is before prescrilx-d
f«n- deciding disputes respecting territorial jurisdiction between difU-rent
States.
IX. 4. The United States in Congress assembled shall also have the
sole and exclusive right and power of regulating the alloy and value of
coin struck by their own authority, or by that of the respective States ;
fixing the standard of weights and measures throitghout the United States;
i"egulating the trade, and. managing all affairs with the Indians, not mem-
bers of any of the States ; provided that the legislative right of any State
within its own limits, be not infringed or violated ; establishing and re-
gulating Post Offices from one State to another, throughout all the Uni-
ted States, and exacting such postage on the papers passing through the
same, as may be requisite to defray the expenses of the said office ; ap-
pointing all officers of the land forces in the service of the United States,
excepting regimental officers; appointing all the officers of the naval
forces, and commissioning all officers Avhatever in the service of the TTni-
ted States ; making rules fi)r the government and regulation of the said
land and naval forces, and directing their operations.
156 STATUTES AT LARGE
Articles IX. 5. The United States in Congi-ess assembled, shall have authoiity to
CoNFEDERA- ^Ppoi"t a committce to sit in the recess of Congress, to be denominated, "A
Tiox. Committee of the States," and to consist of one delegate from each State;
and to appoint such other committees and civil officers as may be neces-
sary for managing the general affairs of the United States under their di-
I'ection ; to appoint one of their number to preside, provided that no
person be allowed to serve in the office of president more than one year
in any term of three years ; to ascertain the necessary sums of money to
be raised for the service of the United States, and to appropriate and
apply the same for defraying the public expenses ; to borrow money or
emit bills on the credit of the United States, transmitting every half year
to the respective States an account of the sums of money so borrowed
or emitted ; to build and equip a navy ; to agree upon the number of
land forces, and to make requisitions from each State for its quota, in j)i"o-
portion to the number of white inhabitants in such State, which requisi-
tion shall be binding ; and thereupon the legislature of each State shall
appoint the regimental officers, raise the men, clothe, arm and equip them
in soldier-like manner, at the expense of the United States ; and the
officers and men so clothed, armed and equipped, shall march to the place
appointed, and within the time agreed on by the United States in Con-
gress assembled ; but if the United States in Congress assembled, shall,
on consideration of circumstances, judge proper that any State shoukl
not raise men, or should raise a smaller number than its quota, and that
any other State should raise a gi-eater number of men than the quota
thereof, such extra number shall be raised, officered, clothed, armed and
eqviipped in the same manner as the quota of such State, unless the legis-
lature of such State shall judge that such extra number cannot be safely
spared out of the same, in which case they shall raise, clothe, arm, officer
and equip, as many of such extra number as they judge can be safely
spared, and the officers and men so clothed, armed and equipped, shall
msarch to the place appointed, and within the time agi-eed on by the Uni-
ted States in Congress assembled.
IX. 6. The United States in Congress assembled, shall never engage
in a war, nor grant letters of marque and reprisal in time of peace, nor
enter into any treaties or alliances, nor coin money, nor regulate the value
thereof, nor ascertain the sums and expenses necessary for the defence
and welfare of the United States, or any of them, nor emit bills, nor bor-
row on the credit of the United States, nor appropriate money, nor agree
upon the number of vessels of war to be built or purchased, or the num-
ber of land or sea forces to be raised, nor appoint a Commander-in-Chief
of the army or navy, unless nine States assent to the same ; nor shall a
question on any other point, except for adjourning fi'om day to day, be
determined, unless by the votes of a majority of the United States, in
Congress assembled.
IX. 7. The Congress of the United States shall have power to ad-
journ to any time within the year, and to any place within the United
States, so that no period of adjournment be for a longer duration than the
space of six months, and shall publish the journal of tlieir proceedings
monthly, except such parts thereof relating to treaties, alliances, or mili-
tary operations, as in their judgment require secrecy ; and the yeas and
nays of the delegates of each State, on any question, shall be entered on
the journal, when it is desired l)y any delegate ; and the delegates of a
State or any of them, at his or their request, shall be furnished with a
transcript of the said journal, except such parts as are above excepted, to
lay before the legislatures of the several States.
OF SOUTH CAROLINA.
157
X. The committee of the States or any nine of them, shall be Articles
authorized to execute, in the recess of Congi'ess, such of the powers of Confeuera-
Congress as the United States in Congress assembled, by the consent of tion.
nine States, shall, from time to time, think expedient to vest them with ;
jirovided that no power be delegated to the said committee, for the exer-
cise of which, by the articles of confederation, the voice of nine States in
the Congress of the United States assembled, is requisite.
XI. CiUiada, acceding to this confederation, and joining in the
measures of the United States, shall be admitted into, and entitled to all
the advantages of this union ; but no other colony shall be admitted into
the same, unless such admission be agreed to by nine States.
XII. All bills of credit emitted, monies borrowed, and debts con-
tracted by or under the authority of Congress, before the assembling of
the United States in pursuance of the present confederation, shall be
deemed and considered as a charge against the United States, for payment
and satisfaction whereof the said United States and the public faith are
hereby solemnly pledged.
XIII. Every State shall abide by the determination of the Uni-
ted States in Congress assembled, in all questions which by this confedera-
tion are submitted to them. And the articles of this confederation shall
be inviolably observed by every state, and the union shall be perpetual ;
nor shall any alteration at any time hereafter be made in any of them,
unless such alteration be agreed to in a Congress of the United States,
and be afterwards confirmed by the legislature of every State.
And whereas, it hath pleased the Great Governor of the World, to in-
cline the hearts of the legislatures we respectively represent in Congi^ess,
to approve of, and to authorise us to ratify the said articles of confedera-
tion and of perpetual union — Know ye, that we the undersigned delegates,
by virtue of the power and authority to us given for that purpose, do, by
these presents, in the name and in behalf of our respective contituents,
fully and entirely ratify and confirm each and every of the said articles of
confederation and perpetual union, and all and singular the matters and
things therein contained. And we do further solemnly plight and engage
the faith of our respective constituents, that they shall abide by the de-
terminations of the United States in CongTess assembled, in all questions
which by the said confederation are submitted to them ; and that the ar-
ticles thereof shall be inviolably observed by the States we respectively
represent, and that the union shall be perpetual. In Vv'itness whereof, we
have hereunto set our hands in Conoress.
o
Done at Philadelphia, in the State of Pen»si/h^a7iia, the ^fh day of Jahj,
in the Year of our Lord, 1778, and in the '3d Year of the Indepcndcnrc
of America.
Neio-Hampsliirc.
Josiah Bartlett,
John Wentworth, jr.
Massachusetts Bay.
John Hancock,
Samuel Adams,
Elbridge Gerry,
Francis Dana,
James Level,
Samuel Holtcn,
Pe/nisyJrauia.
Robert INIonis,
Daniel Robeideau,
Jonathan Bayard Smith.
William Clingan,
Joseph Reed,
Delaicair.
Thomas McKean,
John Dickinson,
Nicholas Vandyke.
158
STATUTES AT LARGE
OF
CoNFKDKRA-
TION.
Rlindc-lslanil,
Will am EUery,
Henry Marchant,
John Collins.
cVc.
Connecticut.
Roger Sherman,
Samuel Huntington,
Oliver Wolcott,
Titus Hosmer,
AndreAV Adams.
Virgirda.
Richard Henry Lee,
John Ba lister,
Thomas Adams,
John Ha vie,
Francis Lightfoot Lee.
North - Carolina.
.Tohn Penn,
C .11.', Harnett,
John Williams.
New- York.
James Duane,
Francis Lewis,
William Duer,
Gouv. Morris.
New-Jc ey.
John Withcrs2ioon,
Nathaniel Scudder.
Maryland.
John Hanson,
Daniel Carroll.
Sout \- Carolina.
Henry L uirens,
William Henry Drayton,
John Ma hews,
Richard Hutson,
Thomas Heyward, jr.
Georgia.
.John Walton,
Edward Telfair,
Edward Langworthy.
OF SOUTH CAROLINA. ir/j
ACTS OF CESSION OF VIRGINIA
Ol' IIKR TITLE TO LAND NORTH AND WEST OF 'J'lli: KWVAl OHIO.
March 1, 1784. *
(Sec Lutes and RcsuhUions (iJUlc U. Slates, relaiuig to lite inibllc Lands, i>. 98 J
VIRGINIA.
Whereas the General Assembly of Virginia, at their session commeii-
cinrr on the 20th Jay of October, 1783, passed an act to authorize their
delegates in Congress to convey to the United States, in Congress assem-
bled, all the right of that commonwealth to the territory North-Westvvard
of the river Ohio ; and whereas the delegates of the said commonwealth
have presented to Congress the form of a deed proposed to be executed
pursuant to the said act, in the words following :
To all who shall see these presents, we, Thomas Jeffei'son, Samuel
Hardy, Arthur Lee, and James Monroe, the underwritten delegates for
* The acts of the Confederation of July, 1778, not repealed by the Constitution of the United
States of 1787, are themselves of a constitutional character and validity, and as fully binding
upon Congress as any part of the present Constitution of the LTnited States. The Convention
of 1787 was not intended to be subversive, but emendatory of the Confederation. All such
acts therefore, under w hich the States, or any of them can claim any rights, arc part and parcel
of the Laws of each State, and are proper to be inserted in such a collection of Laws. The
Acts of Cession passed by the State of Virginia of her claim to territory North and West of the
River Ohio, and the Ordinance of the Confederation for the laying out and governing such new
States as may be formed out of that territory, contain general provisions in which the several
States of the old Confederation are or may be interested. For instance, the lands comprised
within the North-Western territory, are declared to be a fund, in which the States are interested
in jiroportion to their respective taxation. At this moment while I am writing, Mr. Clay's bill
for tlio disposal of the surplus revenue, arising from the sale of the public lands, is in agitation
before Congress, and must constitutionally be decided on a purview of the provisions contained
in the Act of Cession of Virginia, and the Ordinance of 1787. And upon these provisions will
the dislributory share of South CaroHna depend, viz: upon taxable contribution, regulaied by
federal representation.
Tliese reasons have induced the Editor to insert the documents in question, which appear at
first sight to have little relation to our own State, but which may become very important to her
interests. Edit.
IGO STATUTES AT LARGE
the commonwealth of Virginia, in the Congress of the United States of
America, send greeting :
Whereas the General Assembly of the Commonwealth of Virginia, at
their sessions begun on the 20th day of October, 1783, passed an act
entitled " An act to authorize the delegates of this State, in Congi'ess, to
convey to the United States in Congi'ess assembled, all the right of this
commonwealth to the territory Northwestward of the river Ohio," in these
words following, to wit :
[Here follows the preamble of the act.]
Be it enacted hy tlic General AsseviMy, That it shall and may be lawful
for the Delegates of this State to the Congress of the United States, o
such of them as shall be assembled in Congi'ess, and the said delegates or
such of them so assembled, are hereby fully authorized and empowered
for and on behalf of this State, by proper deeds or instruments in writing,
under their hands and seals, to convey, transfer, assign and make over to
to the United States, in Congi-ess assembled, for the benefit of the said
States, all right, title and claim, as well of soil as jurisdiction, which this
Commonwealth hath to the territory or tract of country within the limits
of the Virginia Charter, situate, lying and being, to the Northwest of the
river Ohio, subject to the terms and conditions contained in the above, re-
cited act of Congress of the 13th day of September last ; that is to say,
upon condition that the territory so ceded shall be laid out and formed into
States, containing a suitable extent of territory, not less than one hundred,
nor more than one hundred and fifty miles square, or as near thereto as
circumstances will admit ; and that the States so formed shall be distinct
republican States, and admitted members of the Federal Union, having
the same rights of sovereignty, freedom and independence as the other
States.
That the necessary and reasonable expenses incurred by this State in
subduing any British posts, or in maintaing forts and garx'ison within, and
for the defence, or in acquiring any part of the ten-itory so ceded or relin-
quished, shall be fully reimbursed by the United States; and that one com-
missioner shall be appointed by Congress, one by this commonwealth, and
another by those two commissioners, who, or a majority of them, shall be
authorised and empowered to adjust and liquidate the account of the
necessary and reasonable expenses incurred by this State, which they shall
judge to be comprised within the intent and meaning of the act of Con-
gress of the tenth of October, one thousand seven hundred and eighty,
respecting such expenses. That the French and Canadian inhabitants,
and other settlers of the Kaskaskias, St. Vincents, and the neighbouring
villages, who have professed themselves citizens of Virginia, shall have
their possessions and titles confirmed to them, and be protected in the en-
joyment of their rights and liberties. That a quantity not exceeding one
hundred and fifty thousand acres of land, promised by this State, shall be
allowed and gi-anted to the then Colonel, now General George Rogers
Clarke, and to the officers and soldiers of his regiment, who marched with
him when the post of Kaskaskias and St. Vincents were reduced, and to
the officers and soldiers that have been since inco^Doroted into the said
regiment, to be laid oft in one tract, the length of which not to exceed
double the breadth, in such place, on the Northwest side of the Ohio, as
a majority of the officers shall choose, and to be afterwards divided among
the said officers and soldiers in due proportion according to the laws of
OF SOUTH CAROLINA. IGl
Vir(^-inla. That in case the c|uanlity of gooil laiul on iho South-East side -Act of
of the Ohio, ii]ion the watcr.s if the Cumberland river, and between the Vmu'^nia.
Green river and Tennessee river, which have been reserved by hiw for
the Virginia troops nj)on Continental establislnnent, should, from the
North Carolina line, bearing in further upon the Cumberland lands than Deficiency of
was expected, prove inaulTicient for their legal bounties, the deficiency military boun-
should be made. up to the said troops, in good lands, to belaid off between p'rornlscd'h'y
the rivers Sciota and Little. Miami, on the North-west side of the river Virginia, to be
Ohio, in such proportions as have be<3n engaged to them by the laws <jf between Sriota
Virginia. That all the lands Avithin the territory so ceded to the United & Liule 3Iiaini.
States, and not reserved for, or appropriated to any of the before-men- ^ ,
, T 1 c • 1 \- ^ ^^ ii' 1 IT £. Lands ceded to
tioned purposes, or disposed oi m bounties to the onicers and soldiers or ],(, ^ common
the American Army, shall be considered a common fund for the use and fund for the
benefit of such of the United States as have become, or shall become, ^'^'^^'^ ^^'^°^-
members of the confederation or federal alliance of the said States, Vir-
ginia inclusive, according to their usual respective proportions in the gen-
eral charge and expenditure, and shall be faithfully and bona fide disposed
offer that purpose, and for no other use or purpose whatsoever : Provided,
that the trust hereby reposed in the Delegates of this State, shall not be
executed, unless three of them, at leas!^, are present in Congress.
And whereas the said General Assembly, by their resolutions of June
sixth, one thousand seven hundred and eighty three, had constituted and
appointed us, the said Thomas Jefferson, Samuel Hardy, Arthur Lee and J^ele^ates con-
James Monroe, delegates to represent the said Commonwealth in Con- ^^^^'i^^^^^y^
gi'ess for one year, from the first INIonday in November then next follow-
ing, which resolution remains in full force ; now, therefore, know ye, that
we, the said Thomas Jefferson, Samuel Hardy, Arthur Lee, and James
Monroe, by virtue of the power and authority committed to us by the act
of the said General Assembly of Virginia before recited, and in the name
and for and on behalf of the said Commonwealth, do by these presents
( onvey, transfer, assign and make over, unto the United States in Congress
assembled, for the benefit of the said States, Virginia inclusive, all right,
title, and claim, as well of soil as of jurisdiction, which the said common-
Avealth hath to the territory or tract of Country within the limits of the
Virginia Charter, situate, lying, and being to the North-westward of the
river Ohio, to and for the uses and purposes, and on the conditions of the
said recited act. In testimony whereof we have hereunto subscribed our
names and affixed our seals, in Congress, the day of , in the
year of our Lord one thousand seven hundred and eighty-four, and of the
Independence of the United States, the eighth,
Resohed, That tlm Li^nited States, in Congress assembled, are ready to Congress ready
receive this deed, wV:: over the delegates of the State of Virginia arc rea- ^° ^j^^'^ "^ "^''^
dy to execute the same.
The delegates of Virginia then proceeded, and signed, sealed and
delivered the said deed ; thereupon Congress came to the following reso-
lution :
The Delegates of the Commonwealth of Virginia having executed the Deed executed,
deed,
Resolved, That the same be recorded and enrolled among the acts of To be recorded,
the United States in Congress assembled.
VOL. I. 21.
162
STATUTES AT LARGE
RESOLUTION OF CONGRESS,
ACCEPTING THE CESSION OF VIRGINIA OF LANDS NORTH AND WEST OF
OHIO ; JULY 7, 1786.
(See Laws and Resolutio7isoft]ic U. States, relating to tlieiyuhllc lands, p. 100. j
Alteration of
the act of
cession asked
from Virginia.
Resolved, That it be, and it hereby is, recommended to the Legislature
of Virginia, to take into consideration their act of cession, and revise the
same so far as to empower the United States in Congress assembled, to
make such a division of the territory of the United States lying Northerly
and Westerly of the river Ohio, into distinct republican States, not more
than five, nor less than three, as the situation of that country and future
circumstances may require ; which States shall hereafter become members
of the Federal Union, and have the same rights of sovereignty, freedom,
and independence, as the original States, in conformity with the resolu-
tion of Congress of the 10th of October, 1780.
ORDINANCE OF CONGRESS,
FOR THE GOVERNMENT OF THE TERRITORY NORTH AND WEST OF OHIO,
July 13, 1787.
(See Laws and Resohitmis of the U. States, relating to tliepuhlic lands, p. 356.^
Be it ordained by the Utdted States, in Congress assembled. That the said
territory, for the purposes of temporary government be one district, sub-
ject, however, to be divided into two districts, as future circumstances may,
in the opinion of Congress, make it expedient.
Be it ordained by the authority aforesaid. That the estates,_both of resi-
dent and non-resident proprietors in the said territory, dying intestate,
shall descend to, and be distributed among, their children, and the
descendants of a deceased child, in equal parts ; the descendants of a
OF SOUTH CAROLINA. 1G3
deceased child or p,Tand child to take the share of their deceased parent Ordinanck
in equal paits amoii'^ tlu-in. And wliere there shall he no children or Gov'ernmi:\t
descendants, then in e<jual parts, to the next of kin in equal degree ; and, of the
among collaterals, the children of a deceased brother or sister of the in- Tehritouy.
testate shall have, in equal parts among thom, their deceased parents'
share : and there shall, in no case, be a distinction between kindred of the
whole and half blood ; saving, in all cases, to the widow of the intestate,
her third p^ut of the real estate for life, and one-third pait of ihc personal
estate ; and this law, relative to descents and dower, shall remain in full
force until altered by the legislature of the district. And, until the govern-
or and judges shall adopt laws as hereinafter mentioned, estates in the
said territory may be devised or becjueathed by wills in writing, signed
and sealed by him or her, in whom the estate may be, (being of full age)
and attested by three witnesses ; and real estates may be conveyed by
lease and release, or bargain and sale, signed, sealed and delivered, by
the person, being of full age, in whom the estate may be, and attested by
two witnesses, provided such -wills be duly proved, and such conveyances
be acknowledged, or the execution thereof duly proved, and be recorded
within one year after pro})cr magistrates, courts and registers shall be ap-
pointed for that purpose ; and personal property may be transferred by
delivery ; saving, however, to the French and Canadian inhabitants, and
other settlers of the Kaskaskias, St. Vincents, and the neighboring villages
Avho have heietofore professed themselves citizens of Virginia, their la\vs
and customs now in force among thern, relative to the descent and con-
veyance of property.
Be if ordained hij the autltority aforesaid. That there shall be appointed,
from time to time, by Congress, a governor, whose commission shall con-
tinue in force for the term of three years, unless sooner revoked by Con-
gress ; he shall reside in the district, and have a freehold estate therein in
1000 acres of land while in the exercise of his office.
There shall be appointed, from time to time, by Congress, a secretary,
whose commission shall continue in foi'ce for four years tuiless sooner r"e-
voked ; he shall reside in the district, and have a freehold estate therein in
/')00 acres of land, while in the exercise of his office ; it shall be his duty to
keeji and preserve the acts and laws passed by the legislature, and the
public records of the district, and the pi-oceedings of the governor in his
Executive department ; and transmit authentic copies of such acts and
proceedings, every six iBonths, to the Secretary of Congress : There
shall also be appointed a court to consist of three judges, any two of
whom to forma court, who shall have a common law jurisdiction, and
reside in the district, and have each therein a freehold estate in 500 acres
of land, while in the exercise of their offices ; and their commissions shall
continue in force during good behaviour.
The governor and judges, or a majority of them, shall adopt and pub-
lish in the district such laws of the original States, criminal and civil, as
may be necessary and best suited to the circumstances of the district, and
report them to Congress from time to time ; which laws shall be in force
in the district until the organization of the General Assembly therein,
unless disapproved by Congi-ess ; but, afterwards, the legislature shall
have authority to alter them as they shall think fit.
The governor for the time bein"-, shall be commander-in-chief of the
militia, appoint and coinrnission all officers in the same, below the rank of
general officers ; all general officers shall be appointed and commissioned
by Congress.
164 STATUTES AT LARGE
Ordinance Previous to the organization of the General Assembly, the governor'
Gove'rnment shall appoint such magistrates and other civil officers, in each county or
OF THE township, as he shall find necessary for the preservation of the peace and
Territory. g,)Q(]^ order in the same. After the General Assembly shall be organized,
tlie powers and duties of magistrates and other civil officers, shall be regu-
lated and defined by the said assembly ; but all magistrates and other
civil officers, not herein otherwise directed, shall, during the continuance
of this temporary government, be appointed by the governor.
For the px'evention of crimes and injuries, the laws to be adopted or
made shall have force in all parts of the district, and for the execution of
process, criminal and civil, the governor shall make proper divisions there-
of; and he shall proceed, from time to time, as circumstances may require,
to layout the parts of the district in which the Indian titles shall have
been extinguished, into counties and townships, subject, however, to such
alterations as may thereafter be made by the legislature.
So soon as there shall be 5000 free male inhabitants of full age in the
district, upon giving proof thereof to the governor, they shall receive au-
thority, with time and place, to elect representatj\es from their counties
or townships, to represent them in the General Assembly : Provided, That,
for every 500 free male inhabitants, there shall be one representative, and
so on progressively, with the nunibei- of free male inhabitants, shall the
right of repi'esentation increase, until the number of repiesentatives shall
amount to 25 ; after which, the number and proportion of represen-
tatives shall be regulated by the legislature, Proi^lded, That no person be
eligible or qualified to act as a representative unless he shall have been a
citizen of one of the United States three years, and be a resident in the
district, or unless he shall have resided in the district three years ; and in
either case shall likewise hold in his own right, in fee simple, 200 acres of
land within the same : Provided., also. That a freehold in 50 acres of land
in the district, having been a citizen of one of the States, and being resi-
dent in the district, or the like freehold and two years residence in the
district, shall be necessary to qualify a man as an elector of a representa-
tive.
The representatives thus elected, shall serve foi- the term of two years ;
and, in case of the death of a representative, or removal from office, the
goA'ernor shall issue a writ to the county or township for which he was a
member, to elect another in his stead, to serve for tlie residue of the
term.
The General Assembly, or Legislature, shall consist of the governor,
legislative council, and a house of representatives. The legislative coun-
cil shall consist of five members, to continue in office five years, unless
sooner removed by Congress ; any three of whom to be a quorum : and
the members of the coxmcil shall be nominated and appointed in the fol-
lowing manner, to wit : As soon as representatives shall be. elected, the
governor shall appoint a time and place for them to meet together ; and,
when met, they shall nominate ten persons, residents in the district, and
each possessed of a freehold in 500 acres of land, and return their names
to Congress ; five of whom Congress shall appoint and commission to serve
as aforesaid ; and, whenever a vacancy shall happen in the council, by
death or removal from office, the house of representaUves shall nominate
two persons, qualified as aforesaid, for each vacancy, and return their
names to Congress ; one of whom Congress shall appoint and commission
for the residue of the term. And every five years, four months at least
before the expiration of the time of service of the members of council,
the said house shall nominate ten persons, qualified as aforesaid, and re-
OF SOUTH CAROLINA. 16;
turn tlicir names to Congi-ess, five of whom Congress shall appoint and Ordinance
commission to serve as members of the council five years, unless sooner Gov'ernmkxt
removed. And the govcrnoi-, legislative council, and house of represen- or- thk
tatives, shall have authority to make laws in all cases, for the good govern- Teiuutoky.
ment of the district, not repugnant to the principles and articles in this
ordinance established and declared. And all bills, havnig passed by
a majority in the house, and by a majority in the council, shall be referred
to the governor for his assent ; but no bill or legislative a(;t, Avliatever,
shall be of any force without his assent. The governor shall have power
to convene, prorogue and dissolve the General Assembly, when in his
opinion it sliall be expedient.
The governor, judges, legislative council, secretary, and such other offi-
cers as Congress shall appoint in the district, shall take an oath or affirma-
tion of fidelity and of office; the governor before the President of Con-
gress, and all other officers before the governor. As soon as a legislature
shall be formed in the district, the council and house assembled in one
room, shall have authority, by joint ballot, to elect a delegate to Congress,
who shall have a seat in Congress, with a right of debating but not of vo-
ting during this temporary government.
And, for extending the fundamental principles of civil and relicrious
liberty, which form the basis whereon these republics, their laws and con-
stitutions are erected ; to fix and establish those princi]iles as the basis of
all laws, constitutions, and governments, which forever hereafter shall be
formed in the said territory : to provide also for tlic establishment of
States, and permanent governments therein, and for their admission to a
share in the federal councils on an equal footing Avith the original States,
at as early periods as may be consistent with the general interest:
If IS herehji ordained and declared, by (he authorify aforesaid, That the
following articles shall be considered as articles of compact between the
original States and the people and States in the said territory, and forever
remain unalterable, unless by common consent, to w'll :
Art. 1st. No person, demeaning himself in a peaceable and orderly
manner, shall ever be molested on account of his mode of worship or reli-
gious sentiments, in the. said territory.
Art. 2d. The inhabitants of the said territory shall always be entitled
to the benefits of the writ of haheas corjms, and of the trial by jury ; of a
jn-oportionate representation of the people in the legislature ; and of judi-
cial proceedings according to the course of the common laAV. All persons
shall be bailable, unless for capital offences, where the proof shall be evi-
dent, or the presumption great. All fines shall be modei-ate ; and no cruel
or unusual punishments shall be inflicted. No man shall be deprived of
his liberty or property but by the judgment of his peers or the law of the
land ; and, should the public exigencies make it necessary, for the common
preservation, to take any person's property, or to demand his particular
services, full compensation shall be made for the same. And in the just
preservation of rights and property, it is understood and declared, that
no law ought ever to be made, or have force in the said territory, that
shall, in any manner whatever, interfere with or affect private contracts or
engagements, honafide, and without fraud, previously formed.
Art. 3d. Religion, morality and knowledge, being necessary to ijood
government and the happiness of mankind, schools and the means of edu-
cation shall forever be encouraged. The utmost good faith shall always
166 STATUTES AT LARGE
Ordinance he observed towards tlio Indians : their lands and property shall never he
Government taken from them without their consent ; and, in their property, rights and
OF THE liberty they shall never be invaded or disturbed, ludess in just and lawful
Territory. y^r^Vi^, authorized by Congress ; but laws founded in justice and humanity,
shall, from time to time, be made for preventing wrongs being done to
them, and for preserving peace and friendship with them.
Art. 4th. The said territory, and the States which may be formed there-
in, shall forever remain a part of this confederacy of the United States of
America, subject to the Articles of Confederation, and to such alterations
therein as shall be constitutionally made ; and to all the acts and ordinan-
ces of the United States in Congress assembled, conformable thereto.
The inhabitants and settlei's in the said territory, shall be subject to pay a
part of the Federal debts, contracted or to be contracted, and a propor-
tional pait of the expenses of Government, to be apportioned on them by
Congress, according to the same common rule and measure by which ap-
portionments thereof shall be made on the other States ; and the taxes, for
paying their proportion, shall be laid and levied by the authority and di-
rection of the legislatures of the district or districts, or new States, as in
the original States, within the time agi-eed upon by the United States in
Congress assembled. The legislatures of those districts or new States,
shall never interfere with the primary disposal of the soil by the United
States in Congress assembled, nor with any regulations Congress may
find necessary for securing the title in such soil to the bona Jide pur-
chasers.* No tax shall be imposed on lands the property of the United
States : and, in no case, shall uon resident proprietors be taxed higher
than residents. The navigable waters leading into the INIississippi and St.
Lawrence, and the carrying places between the same, shall be common
highways, and forever free, as well to the inhabitants of the said territory
as to the citizens of the United States, and those of any other States that
may be admitted into the Confederacy without any tax, impost, or duty
therefor.
Art. 5. There shall be formed in the said territory not loss than three
nor more than five States ; and the boundaries of the States, as soon as
Virginia shall alter her act of cession, and consent to the same, shall be-
come fixed and established as follows, to wit ; The Western State in the
said temtory, shall be bounded by the Mississippi, the Ohio and Wabash
rivers ; a direct line drawn from the Wabash and Post St. Vincents, due
North, to the territorial line between the United States and Canada ; and.
by the said territorial line, to the lake of the Woods and Mississippi. The
middle State shall be bounded by the said direct line, the Wabash from
Post Vincents to the Ohio; by the Ohio, by a direct line, drawn due north
from the mouth of the Great Miami, to the said territorial line, and by
the said territorial line. The Eastern State shall be bounded by the last
mentioned direct line, the Ohio, Pennsylvania, and the said territorial line;
Provided, liowevcr, and it is further understood and declared, that the
boundaries of these three States shall be subject so far to be altered, that,
if Congress shall hereafter find it expedient, they shall have authority to
form one or two States in that part of the said territory which lies North
* Act of 20th February, 1811, provides the same in Louisiana; and, also, that lands sold by
Congress shall not be taxed for five years after sale — Post. No. 160 — in Mississippi, by act of 1st
March, 1817, Post. No. 296, and so of all others. — Laws and Resol. relating to the public Lands.
(^F SOUTfl CAROLINA. 1C7
of an East and West lino drawn through the Southcrnly Ijcnd or extreme -^ct op
of lakc_ Michignii. And, whenever any of the said Stales shall have 30^^ UKc^nss
GU,OUU free inhabitants therein, such State shall be admitted, by its dele-
gates, into the Congress of the United States on an equal footing with
the original States, in all respects whatever, and shall he at liberty to fonn
a, permanent constitution and State Government : Provided, the constitu-
tion and government so to be formed, shall be republican, and in confor-
mity to the ]n-inciplcs contained in these articles ; and, so far as it can be
consistent with the general interest of the confederacy, such admission
shall be allowed at an earlier period, and when there may be a less num-
ber of free inhabitants in the State than 00,000.
Art. 6. There shall be neither slavery nor involuntary sci-vitude in the
said territory, otherwise than in the punishments of crimes whereof the
party shall have been duly convicted : Provided always, That any person
escaping into the same, from whom labor or service is lawfully claimed
in any one of the original States, such fugitive may be lawfully reclaimed
and conveyed to the person claiming his or her labor or service as afore-
said.
Be it ordained hi/ the authority aforesaid. That the resolutions of the 23d
of April, 1784, relative to the subject of this ordinance, be, and the same
are hereby repealed and declared null and void. Done, &c.
ACT OF VIRGINIA, 30 DECEMBER, 1788.
SUPPLEMENTARY TO THE ACT OF CESSION.
(See Laws and Resolutions of the U. States, relating to Public Lands, p. lOl.J
Whereas the United States, in Congress assembled, did, on the seventh
day of July, in the year of our Lord one thousand seven hundred and
eighty-six, state certain reasons, shewing that a division of the territory
which hath been ceded to the said United States by this Commonwealth,
into States, in conformity to the tenns of cession, should the same be ad-
hered to, would be attended with many inconveniences, and did recom-
mend a revision of the act of cession, so far as to empower Congress to
make such a division of the said tenitory into distinct and republican
States, not more than five nor less than three in number, as the situation
of that country and future circumstances might require. And the said
United States, in Congress assembled, have, in an ordinance for the go-
vernment of the territory Northwest of the river Ohio, passed on the 13th
of July, one thousand seven hundred and eighty-seven, declared the fol-
lowing as one of the articles of compact between the original States, and
the People and vStates in the said territovr, viz :
16S STATUTES AT LARGE
Act of [Here the fifth article of compact, of the ordmance of Congress, of 13th
3(^'^-"'r88 J^^^Y' 1^8^> s^s above inserted, is recited verhatim.J
And it is expedient that this commonwealth do assent to the prop ised
alteration, so as to ratify and confirm the said article of compact between
the original States and the people and States in the said territory :
2. Be it tlicrifort enacted by the General Assemhlij, That the afore-recited
article of compact, between the original States and the People and States
in the tertitory Northwest of Ohio river, be, and the same is hereby ratified
and confirmed, any thing to the conti-ary in the deed of cession of the
said territory by this commonwealth to the United States notwithstanding;
ACT OF CESSION OF SOUTH CAROLINA,
8th March, 1787, and 9th August, 1787.
(See Laws and Resolutions of the U. States, relating to the iniblic Lands, j)- 107.^
RESOLUTIONS OF CONGRESS, AUGUST 9, 1787.
Resolved, That Congress are ready to accept the cession of the claim of
the State of Soutii Carolina, to the tract of country described in tlie act
of said State, whenever the delegates will execute a deed conformable
to said act.
In virtue of the powers in them vested, the delegates of the State of
South Carolina, for and in behalf of the said State, executed the follow-
ing deed of cession to the United States of America :
To all who shall see these presents : We, John Kean and Daniel Huger, the
underwritten delegates for the State of South Carolina, in the Congress
of the United States, send greeting :
Whereas the General Assembly of the State of South-Carolina, on the
eighth of March, in the year of our Lord one thousand seven hundred
and eighty seven, passed an act in the following words, viz :
OF SOUTH CAROLINA. 169
Act of
" AN ACT to authorize the delegates of this State, in Covirrcss, to ronvnj to s.c;aroi,i\a.
the Uidted Statcf!, in Congress assembled, all the right of this State I'j the
territory herein described. 9 August, 1787.
Whereas, the Congiess of the United States did, on the sixth day of
September in the year one thousand seven hundred and eighty, recom-
mend to the several States in the Union, having claims to Western ter-
ritory, to make a liberal cession to the United States of a portion of their
respective claims, for the common benefit of the Union ; And whereas
this State is willing to adopt every measure which can tend to promote
the honor and dignity of the United States, and strengthen the Federal
Union :
Be it therefore enacted by the Honourable the Senate and House of Repre-
sentatives in General Assembly met and, sitting, and by the authority (f the
same. That it shall and may be lawful for the delegates of this State to
the Congress of the United States, or such of them as shall be assembled
in Congress, and they are hereby fully authorized and empowered, for
and on behalf of this State, by proper deeds, or instruments in writing, -pi^g Delc^atea
under their hands and seals, to convey, transfer, assign, and make over, authorized to
unto the United States, in Congress assembled, for the benefit of the ^!"!^"yj" '''®
• ••.. L' nit(jQ ^titGs
said States, all right, title and claim, as well of soil as jurisdiction, which
this State hath to the territory or tract of country within the limits of the
charter of South Carolina, situate, lying and being within the boundaries
and lines hei'einafter described, that is to say : All the territory or tract
of country included within the river Mississippi, and a line beginning at
that pait of the said river which is intersected by the Southern boundary
line of the State of North Cai-olina, and continuing along the said bound-
ary line, until it mtersects the ridge or chain of mountains which divides
the Eastern from the Western waters, then to be continued along the
top of the said ridge of mountains, until it intersects a line to be drawn
due West frara the head of the Southern branch of Tugoloo river to the
said mountains, andthencetoruna due West course to the liver Mississippi.
Now, therefore, know ye, that we, the said John Kean and Daniel Hu- Territory ceded-
ger, by virtue of the power and authority to " us committed, by the said
act of the General Assembly of South Carolina, before recited, in the
name, and for and in behalf of the State of South Carolina, do, by these
presents, assign, transfer, quit-claim, cede, and convey, to the United
States of America, for their benefit, South Carolina inclusive, all the
right, title, interest, jui'isdiction, and claim, which the State of South Car-
olina hath, in and to the before mentioned and described territoiy or
tract of country, as the same is bounded and described in the said act of
Assembly, for the uses in the said recited act of Assembly declared.
In witness whereof, we have hereunto set our hands and seals this
ninth day of August, in the year of our Lord one thousand seven
hundred and eighty seven, and of the sovereignty and independence of
America, the twelfth, &c.
Remarks r.v the Editor. — Acts of Cession of land to and for the use
of the United States, were made by the State of New York, March 1,
1781. By the State of Virginia, March 1, 1784, and 30 Dec. 1788. By
the State of iNIassachusetts, 17th April, 1785. By the State of Connecti-
VOL. L— 22.
170 STATUTES AT LARGE
Editor's cut, 13th September, 1786. By the State of North Carolhia, 25 Feb'y,
Eemarks. j^^gQ_ j3y jljg g^^^g ^^- Tennessee, April 15, 1806. By the Slate of
^^"^'""^-^ Georgia, 24th April, 1802. — Sec Laws and Resolutions relating to thepuUic
Lands, from page 93 to page 122. Washington, 1828 ; Gales ^ Seaton.
I have introduced the acts of Cession of A^irginia, and the Ordinance
for the Government of the Territory of the United States North and West
of the river Ohio, as sufficient to shew the character of these acts of Ces-
sion, without burthening the vohime with unnecessary matter.
The act of Cession of New York, 1st March, 1781, states as a condition,
that the lands ceded " shall be and inure for the benefit of such of the U.
■ " States as shall become members of the federal alliance of the said
" States, and for no other use or purpose whatsoever."
The Cession of Virginia, Oct. 20, 1783, of lands North and "West of the
river Ohio, states that these lands '' shall be considered a common fund
" for the use and benefit of such of the United States as have become or
" shall become members of the confederation or federal alliance of the
" said States, Virginia inclusive ; according to their usual and respective
" proportions in the general charge and expenditure."
The State of North Carolina, 25 Feb. 1790, declares that the land
ceded by that State " shall be considered as a common fund for the use
" and benefit of the United States of America, North Carolina inclusive,
" according to their respective and usual proportion in the general charge
" and expenditure."
By various acts of Congi-ess, the monies arising from the sale of p ib-
lic lands, are made part of the fund for payment of the public debt.
The public debt being paid, those surplus proceeds enure for the
benefit of the several States, according to their respective and usual
proportion of the general charge and expenditure. Hence the hiterest
arisino- to each State therein, and the claim of each State thereon founded.
The Cession of Virginia, and the Ordiirance for the Government of the
Territory North West of the river Ohio, give me an opportunity of re-
marking, that the 6th article of that Ordinance, forbidding the introduction
of involuntary servitude, is not only not authorized by, but is in direct con-
travention of the conditions of cession of the Virginia act of Dec. 30, 1788,
and the resolution of Congress of July 7, 1786, giving to the States hereafter
to be located on that ten-itory, the same riglits of Sovereignty, Freedom and
hidcpcndence as the original States. Including, of course, the right of regu-
lating their internal and domestic discipline in their own way, without the
interference of Congress : otherwise how can they enjoy the rights then be-
lonsfino: to the oriorinal States ? — Editor,
OF SOUTH CAROLINA. 171
CONSTITUTION OF THE UNITED STATES, WITH THE
AMENDMENTS.
17tii September, 1787.
We, the people of the United States, in order to form a more perfect
union, establish justice, ensure domestic trantjuihty, provide for the com-
mon defence, promote the general welfare, and secure the Ijlessings of
liberty to ourselves and our posterity, do ordain and establish this con-
stitution for the United States of America.
ARTICLE 1.— SECTION 1..
1. All legislative powers herein granted, shall be vested in a congress
of the United States, which shall consist of a senate and house of repre-
sentatives.
SECTION 2.
1. The house of representatives shall be composed of members cho-
sen every second year by the people of the several states ; and the elect-
ors in each state shall have the qualifications requisite for electors of the
most numerous branch of the state legislature.
2. No person shall be a representative who shall not have attained to
the age of twenty-five years, and been seven years a citizen of the Igni-
ted States, and who shall not, when elected, be an inhabitant of that state
in which he shall be cliosen.
3. Representatives and direct taxes shall be apportioned among the
several states which may be included within this union, according to their
respective numbers, which shall be detennined by adding to the whole
number of free persons, including those bound to service for a term of
years, and excluding Indians not taxed, three-fifths of all other persons.
The actual enumeration shall be made within three years after the first
meeting of the congress of the United States, and within every subse-
quent term of ten years, in such manner as they shall by law direct. The
number of representatives shall not exceed one for every thirty thousand,
but each state shall have at least one representative ; and until such enu-
meration shall be made, the state of New-Hampshire shall be entitled to
choose three ; Massachusetts eight ; Rhode Island and Providence Planta-
tions one ; Connecticut five ; New- York six ; New-Jersey four ; Pemisyl-
vania eight ; Delaware one ; Maryland six ; Virginia ten ; North Caroli-
na five ; South Carolina five ; and Georgia three.
STATES
172 STATUTES AT LARGE
Constitution 4. When vacancies happen in the re]n-escntalion from any state, the
U. St\tes. executive autliurity thereof shall issue writs of election to fill up such va-
cancies.
5. The house of representatives shall choose their speaker and other
officers, and shall have the sole power of impeachment.
SECTION 3.
1. The Senate of the United States shall be composed of two sena-
tors from each state, chosen by the legislature thereo;, for six years ; and
each senator shall have one vote.
2. Immediately after they shall be assembled in consequence of the first
election, they shall be divided, as equally as may be, into three classes.
The seats of the senators of the first class shall be vacated at the expira-
tion of the second year, of the second class at the expiration of the
fourth year, and of the third class at th expiration of the sixth year, so
that one third may be chosen every second year; and if vacancies happen,
by resignation or otherwise, during the recess of the legislature of any
state, the executive thereof may make temporary appointments until
the next meeting of the legislature, which shall then fill such vacancies.
3. No person shall be a senator who shall not have attained to the age
of thirty years, and been nine years a citizen of the United States, and
who shall not, when elected, be an inhabitant of that state for which he
shall be chosen.
4. The vice president of the United States shall be president of the
senate, but shall have no vote, unless they be equally divided.
5. The senate shall choose their other officers, and also a president pro
tempore, in the absence of the vice pi-esident, or when he shall exercise
the office of president of the United States.
6. The senate shall have the sole power to try all impeachments. When
sitting for th^t purpose, they shall be on oath or affirmation. When the
president of the United States is tried, the chief justice shall preside; and
no person shall be convicted without the concurrence of two-thirds of the
members present.
7. Judgment in cases of impeachment shall not extend further than to
reipoval from office, and disqualification to hold and enjoy any office of
honour, trust or profit, under the United States ; but the party convicted
shall nevertheless be liable and subject to indictment, trial, judgment, and
punishment according to law.
SECTION 4.
1. The times, places, and manner of holding elections for senators and
representatives, shall be prescribed in each state by the legislature there-
of; but the congress may, at any time, by law, make or alter such regu-
lations, except as to the places of choosing senators.
2. The congress shall assemble at least once in every year, and such
meeting shall be on the first Monday in Deceinber, unless they shall by
law appoint a different day.
SECTION 5.
1. Each house shall be the judge of the elections, returns, and qualifi-
cations of its own members; and a majority of each shall constitute a
quorum to do business ; but a smaller number may adjourn from day to
OF SOUTH CAROLINA. 173
(lay, and may bo autliovi.scd to comiiol the attendance of absent members, ^o^^'^/J"'^"'-"'
in such maiuicr and under such penahies as each house may provide. r. Statks.
2. Each liouso may determine the rules of its proceedings, punish ils
members for disorderly behaviour, and with the concurrence of tvvcj-thirds,
expel a member.
."3. Each house shall keep a journal of its proceedings, and from time
to time publish the same, excepting such parts as may in their judg iient
require secrecy ; and the yeas and nays of the members of either h )iise,
on any question, shall, at the desire of one-fifth of those present, be eii'T-
cd on the journal.
4. Neitlicr house^ during the session of congress, shall, without the
consent of the other, adjourn for more than three days, nor to any uli.er
place than that m which the two houses shall be sitting.
SECTION G.
1. The senators and representatives shall receive a compensation for
their services, to be ascertained by law, and paid out of the treasmy of
the United States. They shall, in all cases, except trcaso i, felony and
breach of the jieace, be privileged from arrest during their ittendance at
the session of their respective houses, and in going to or returning fiom
the same ; and for any speech or debate in either house, they shall no: be
questioned in any other place.
' 2. No senator or representative shall, during the time for which lie was
elected, be appointed to any civil office under the authority of the United
States, which shall have been created, or the emoluments whereof shall
have been increased, during such time ; and no person holding any office
under the United States shall be a member of either house during his
continuance in office.
SECTION 7.
1. All l)ills for raising revenue shall originate in the house of represen-
tatives ; but the senate may propose or concur with amendments as on
other bills.
2. Every bill which shall have passed the house of representatives and
the senate, shall, before it become a law, be presented to the president of
the United States ; if he approve, he shall sign it ; but if not, he shall
return it, with his objections, to that house in which it shall have oi'i"-i-
nated, who shall enter the objection at lai'ge on their journal, and proceed
to re-consider it. If,, after such re-consideration, two-thirds of that house
shall agree to pass the bill, it shall be sent, together with the objections,
to the other house, by which it shall likewise be re-considered, and if ap-
proved by two-thirds of that house, it shall become a law. But in all such
cases, the votes of both houses shall be determined by yeas and nays, and
the names of the persons voting for and against tlio bill shall be entered
on the journal of each house respectively. If any bill shall not be re-
turned by the president within ten days (Sundays excepted) after it shall
have been presented to him, the same shall be a law in like manner as if
he had signed it, unless the congress by their adjournment prevent its re-
turn ; in which case it shall not be a law.
3. Every order, resolution or vote, to which the concurrence of the sen-
ate and house of representatives may be necessary, (except on a question
of adjournment,) shall be presented to the president of the I'^nited States ;
and before the same shall take effect, shall be approved by him, or being
174 ' STATUTES AT LARGE
CoNSTiTUTiox disapproved by him, shall be repassed by two-thirds of the senate and
U. .States, ^^^nse of repreyentatives, according to the rules and limitations prescribed
in the case of a bill.
SECTION 8.
The congress shall have power —
1. To lay and collect taxes, duties, imposts, and excises ; to pay the
debts and jirovide for the common defence and general welfare of the
United States ; but all duties, imposts and excises, shall be uniform through-
out the United States :
2. To borrow money on the credit of the United States :
3. To regulate commerce with foreign nations, and among the sevei'al
states, and with the Indian tribes :
4. To establish a uniform rule of naturalization, and uniform laws on
the subject of bankruptcies throughout the United States.
5. To coin inoney, regulate the value thereof, and of foi'eign coin, and
fix the standard of weights and measures :
6. To provide for the punishment of counterfeiting the securities and
current coin of the United States :
7. To establish post-offices and post roads :
8. To promote tlie progress of science and useful arts, by secviring,
for limited times, to authors and inventors, the exclusive right to the r
respective writings and discoveries :
9. To constitute tribunals inferior to the supreme court : To define
and punish piracies and felonies committed on the high seas, and offen-
ces against the law of nations :
10. To declare war, grant letters of marque and reprisal, and make
rules concei-ning captures on land and water :
11. To raise and support armies; but no appropriation of money to
that use shall be for a longer terim than two years :
12. To provide and maintain a navy :
13. To make rules for the government and regulation of the land and
naval forces :
14. To provide for calling forth the militia to execute the laws of the
union, suppress insurrections, and repel invasions :
15. To provide for organizing, arming and disciplining the militia, and
for governing such part of them as may be employed in the service of
the United States, reserving to the states respectively, the appointment of
the officers, and the authority of training the militia according to the
discipline prescribed by congress :
16. To exercise exclusive legislation in all cases whatsoever, over such
district (not exceeding ten miles square) as may, by cession of particu-
lar states, and the acceptance of congress, become the seat of govern-
ment of the United States, and to exercise like authority over all places
purchased, by the consent of the legislature of the state in which the
same shall be, for the ex'ection of forts, magazines, arsenals, dock-yards,
and other needful buildings : — and,
17. To make all laws which shall be necessary and pi'oper for carrying
into execution the foregoing powers, and all other powers vested by this
constitution in the government of the United States, or in any depart-
ment or officer thereof.
OF SOUTH CAROLINA. 175
Constitution
SECTION 9. u.^StatIs.
"". The migration or importation of such persons as any of tlio states
now existing shall think proper to admit, shall not be prohibited by the
congress prior to the year one thousand eight hundred and eiglit, but a
tax or duty may be imposed on such im^iortation, not exceeding ten dol-
lars for each ]ierson.
2. The privilege of the writ of habeas corpus shall not be suspended,
unless when, in cases of rebellion or invasion, the public safety may rc-
<]uire it.
3. No bill of attainder, or ex post facto law, shall be passed.
4. No capitation or other direct tax shall be laid, unless in propoition
to the census or enumeration herein before directed to be taken.
5. No tax or duty shall be laid on aiticles exported from any '<t'itf>.
No pi-eference shall be given by any regulation of commerce or revenue
to the ports of one state over tliose of another : nor shall vessels bound
to or from one state, be obliged to enter, clear, or pay duties in ano-
ther.
6. No money shall be drawn from the treasury, but in consequence
of appropriations made by law : and a regular statement and account of
the receipts and expenditures of all public money shall be ])ublished from
time to time.
7. No title of nobility shall be granted by the United States, and no
person holding any office of profit or trust under them, shall, without the
consent of the congi-ess, accept of any present, emolument, office, or title
of any kind whatever, from any king, prince, or foreign stale.
SECTION 10.
1. No state shall enter into any treaty, alliance, or confederation ;
grant letters of marque and reprisal ; coin money ; emit bills of credit ;
make any thing but gold and silver coin a tender in payment of debts ;
pass any bill of attainder, ex post facto law, or law impairing the obliga-
tion of contracts ; or grant any title of nobility.
2. No state shall, without the consent of the congi'ess, lay any imposts
or duties on imports or exports, except what may be absolutely necessa-
ry for executing its inspection laws ; and the neat produce of all duties
and imposts, laid by any state on imports or exports, shall be for the use
of the treasury of the United States, and all such laws shall be subject
to the revision and control of the congi'ess. No state shall, without the
consent of congress, lay any duty of tonnage, keep troops or ships of war
in time of peace, enter into any agreement or compact with another
state, or with a foreign power, or engage in war, unless actually invaded,
or in such imminent danger as will not admit of delay.
ARTICLE II.— SECTION 1.
1. The executive power shall be vested in a president of the United
States of America. He shall hold his office during the term of four years,
and, together with the vice president, chosen for the same term, be
elected as follows :
2. Each state shall appoint, in such manner as the legislature thereof
may direct, a number of electors, equal to the whole number of sena-
176 STATUTES AT LARGE
Constitution tors and representatives to which the state may be entitled in the con-
U *St\tfs gi"ess ; but no senator or representative, or person holding an office of
trust or profit under the United States, shall be apjjointed an elector.
3. The electors shall meet in their respective states, and vote by bal-
lot for two persons, of whom one at least shall not be an inhabitant of the
same state with themselves. And they shall make a list of all ihe per-
sons voted for, and of the number of votes for each ; which list they shall
sign and certify, and transmit sealed to the seat of the government of the
United States, directed to the president of the senate. The president
of the senate shall, in the presence of the senate and house of represen-
tatives, open all the certificates, and the votes shall then be counted. The
person having the greatest number of votes shall be the president, if such
number be a majoiity of the whole number of electors appointed ; and
if there be more than one who have such majoiity, and have an equal
number of votes, then the house of representatives shall immediately
choose, by ballot, one of them for president ; and if no person have a
majority, then, from the five highest on the list, the said house shall, in
like manner, choose the president. But, in choosing the president, the
votes shall be taken by states, the representation from each state having
one vote ; a quorum for this purpose shall consist of a member or mem-
bers from two-thirds of the states, and a majority of all the states shall be
necessary to a choice. In every case, after the choice of the president,
the person having the gi'eatest number of votes of the electors, shall be
the vice president. But if there should remain two or more who have
equal votes, the senate shall choose from them, by ballot, the vice presi-
dent.
4. The congress may determine the time of choosing the electors, and
the day on which they shall give their votes ; which day shall be the same
throughout the United States.
5. No person, except a natural born citizen, or a citizen of the United
vStates at the time of the adoption of this constitution, shall be eligible
to the office of president: neither shall any person be eligible to that of-
fice, who shall not not have attained to the age of thirty-five 'years, and
been fourteen years a resident within the United States.
6. In case of the I'emoval of the president from office, or of his death,
resignation, or inability to discharge the powers and duties of the said
office, the same shall devolve on the vice president ; and the congress
may, by law, provide for the case of removal, death, resignation or ina-
bility, both of the president and vice president, declaring what officer
shall then act as president, and such officer shall act accordingly, until the
disability be removed, or a president shall be elected.
7. The president shall, at stated times, receive for his services a com-
jaensation, which shall neither be increased or diminished during the pe-
riod for which he shall have been elected, and he shall not receive with-
in that period any other emolument from the United States, or any of
them.
S. Before he enter on the execution of his office, he shall take the fol-
lowing oath or affinnation :
9. " I do solemnly swear (or affirm) that I will faithfully execute the
office of President of the United States, and will, to the best of my abili-
ty, preserve, protect, and defend the constitution of the United States."
OF SOUTH CAROLINA. 177
Constitution
OFTIIK
SECTION 2. 1,°^;;-,
1. The presiilent shall be commander-in-chief of the army and navy of
the Ilniled iStatcs, and of the militia of the several states, when called
into the actual service of the United States ; he may require the opinion,
in WTiting, of the principal officer in each of the executive departments,
upon any subject relatino; to the duties of their respective offices ; and he
shall have power to grant reprieves and pardons for odences against the
United States, except in cases of impeachment.
2. He shall have power, by and with the advice and consent of the
senate, to make treaties, provided two-thirds of the senators ])resent con-
cur : and he shall nominate, and, by and with the advice and consent of
the senate, shall appoint ambassadors, other pid)lic ministers and consuls,
judges of the supreme court, and all other officers of the United States,
whose a]ipointments are not herein otherwise provided for, and which
shall be established by law. But the congress may, by law, vest the ap-
pointment of such inferior officei's as they think proper, in the president
alone, in the courts of law, or in the heads of departments.
3. The president shall have power to fill up all vacancies that may
happen during the recess of the senate, by granting commissions which
shall expire at the end of their next session.
SECTION 3.
1. He shall, from time to time, give to the congress information of the
state of the Union, and recommend to their consideration such measures
as he shall judge necessary and expedient ; he may, on extraordinary oc-
casions, convene both houses, or either of them, and in case of disagi-ee-
ment between them, with resi^ect to the time of adjournment, he may ad-
journ them to such time as he shall think proper ; he shall receive am-
bassadors and other public ministers ; he shall take care that the laws
be faithfully executed ; and shall commission all the officers of the United
States.
SECTION 4.
1. The president, vice president, and all civil officers of the United
States, shall be removed from office on impeachment for, and conviction
of treason, bribery, or other high crimes and misdemeanors.
ARTICLE III.— SECTION 1.
1. The judicial power of the United States shall be vested in one su-
preme court, and in such inferior courts as the congress may, from time
to time, ordain and establish. The judges, both of the supreme and in-
ferior courts, shall hold their offices during good behaviour ; and shall, at
stated times, receive for their services a compensation which shall not be
diminished during their continuance in office.
SECTION 2.
1. The judicial power shall extend to all cases in law and equity, ari-
sing under this constitution, the laws of the United States, and treaties
VOL. L— 23.
178 STATUTES AT LARGE
^°^iZ^iy.I^°^ made, or which shall be made, under their authority : to all cases aiFect-
ing abassadors, other public ministers and consuls ; to all cases of admi-
ralty and maritime jurisdiction ; to controversies to which the United
States shall be a party ; to controversies between two or more states ;
between a state and citizens of another state ; between citizens of diffe-
rent states ; between citizens of the same state claiming lands under
grants of different states ; and between a state, or the citizens thereof,
and foreign states, citizens or subjects.
2. In all cases affecting ambassadors, other public ministers and con-
suls, and those in which a state shall be a party, the supreme court shall
have original jurisdiction. In all the other cases before-mentioned, the
suju'cme court shall have appellate jurisdiction, both as to law and fact,
with such exceptions, and under such regulations, as the congress shall
make.
3. The trial of all crimes, except in cases of impeachment, shall be by
jury, and such trial shall be held in the state Avhere the said crimes shall
have been committed : but when not committed within any state, the trial
shall be at such place or places as the congress may by law have di-
rected.
SECTION 3.
1. Treason against the United States shall consist only in levying war
against them, or in adhering to their enemies, giving them aid and com-
fort. No person shall be convicted of treason unless on the testimony of
two witnesses to the same overt act, or on confession in open court.
2. The congress shall have power to declare the punishment of treason ;
but no attainder of treason shall work coiTuption of blood, or forfeiture,
except during the life of the person attainted.
ARTICLE IV.— SECTION 1.
1. Full faith and ci'edit shall be given in each state to the public acts,
records, and judicial proceedings of every other state. And the con-
gress may, by general laws, prescribe the manner in which such acts, re-
cords and proceedings, shall be proved, and the effect thereof.
SECTION 2.
1. The citizens of each state shall be entitled to all privileges and im-
munities of citizens in the several states.
2. A person charged in any state with treason, felony, or other crime,
who shall flee from justice, and be found in another state, shall, on de-
mand of the executive authority of the state from which he fled, be de-
livered up, to be removed to the state having jurisdiction of the crime.
3. No person held to senuce or labor in one state under the laws there-
of, escajjing into another, shall, in consequence of any law or regulation
therein, be discharged from such service or labour ; but shall be deliver-
ed up on claim of the party to whom such service or labour may be due.
SECTION 3.
1. New states may be admitted by the congress into this union ; but
no new state shall be formed or erected within the jurisdiction of any
OF SOUTH CAROLINA. 179
K^y^Y^U
other state, nor any state be formed, by the junction of two or more states, Co^stitutiom
or parts of states, without the consent of the legislatures of the states u statks.
concernod, as well as of the congress.
2. The congress shall have power to dispose of, and mak(; all needful
rules and regulations respecting the territory or other property brlonfino-
to the United States ; and nothing in this constitution shall bo so con-
strued as t(j prejudice any claims of the United States, or of any parti-
cular state.
SECTION 4.
1. The United States shall guaranty to every state in this union, a re-
publican form of government, and shall protect each of them against in-
vasion ; and, on application of the legislature, or of the executive, (when
the legislature cannot be convened,) against domestic violence.
ARTICLE V.
1. The congress, whenever two-thirds of both houses shall deem it ne-
cessary, shall propose amendments to this constitution ; or, on the appli-
cation of the legislatures of two-thirds of the several states, shall call a
convention for proposing amendments, which, in either case, shall be valid
to all intents and purposes, as part of this constitution, when ratified by
the legislatures of three-fourths of the several states, or by conventions
in three-fourths thereof, as the one or the other mode of ratification may
be proposed by the congi-ess ; provided, that no amendment which may
be made prior to the year one thousand eight hundred and eight, shall in
any manner affect the first and fourth clauses in the ninth section of the
first article : and that no state, without its consent, shall be deprived of
its equal suffrage in the senate.
ARTICLE VL
1. All debts contracted and engagements entered into, before the adop-
tion of this constitution, shall be as valid against the United States under
this constitution, as under the confederation.
2. This constitution, and the laws of the United States which shall be
made in pursuance thereof, and all treaties made, or which shall be made,
under the authority of the United States, shall be the supreme law of the
land ; and the judges in every state shall be bound thereliy : any thing in
the constitution or laws of any state to the contrary notwithstanding.
3. The senators and representatives before-mentioned, and the mem-
bers of the several state legislatures, and all executive and judicial offi-
cers, both of the United States and of the several states, shall be bound
by oath or affirmation to support this constitution : but no religious test
shall ever be required as a qualification to any office or public trust under
the United States.
ARTICLE VII.
L The ratification of the conventions of nine states shall be sufficient
for the establishment of this constitution between the states so ratifying
the same.
180
STATUTES AT LARGE
CONSTFTUTION
OF THE
U. States.
Done in convention^ hy ilie unanimous consent of the States present, the se-
venteenth clay of September, in the Year of our Lord one thousand seven
hundred and eighty -seven, and of the Independence of the United States of
America, the txoelfth. In witness ivhereof we have hereunto subscribed our
Neiv-Hampshire.
John Langdon,
Nicholas Gilman.
Massachusetts.
Nathaniel Gorham,
Rufus King.
GEORGE WASHINGTON,
President and deputy from Virginia.
Delaware.
George Read,
Gunning Bedford, jun.
John Dickinson,
Richard Bassett,
Jacob Broom.
Connecticut.
William Samuel Johnson,
Roger Sherman.
Neiv- York.
Alexander Hamilton.
Neiv-Jersey.
William Livingston,
David Brearly,
William Paterson,
Jonathan Dayton.
Pennsylvania.
Benjamin Franklin,
Thomas Mifflin,
Robert Morris,
George Clymer,
Thomas Fitzsimons,
Jared Ingersoll,
James Wilson,
Govemeur Morris.
Attest,
Maryland.
James M'Henry,
Daniel of St. Thomas Jenifer,
Daniel Carroll.
Virginia.
John Blair,
James Madison, jun.
North- Carolina.
William Blount,
Richard Dobbs Spaight,
Hugh Williamson.
South- Ca rolina.
John Rutledge,
Charles Cotesworth Pinckney,
Charles Pinckney,
Pierce Butler.
Georgia.
William Fev^,
Abraham Baldwin.
WILLIAM JACKSON,
Secretary.
OF SOUTH CAROLINA. 181
Constitution
OK THE
U. States.
AMENDMENTS TO THE CONSTITUTION.
Article ]. Cono^rcss shall make no law respecting an establishment of
reliirion, or pnjhibiting the free exei'cise thereof; or abridging the free-
dom of speecli, or of the press ; or the right of tlic people peaceably to
assemble, and to petition tlio government for a redress of grievances.
Art. 2. A well regulated militia being necessary to the security of a
free state, the right of the people to keep and bear arms shall not be in-
fringed.
Art. 3. No soldier shall, in time of peace, be rjuartei'ed in any house
without the consent of the owner ; nor in time of Avar, but in a manner to
be prescribed by law.
Art. 4. The right of the people to be secure in their persons, houses,
papers and eftects, against unreasonable searches and seizures, shall not be
violated ; and no warrants shall issue but upon probable cause, supported
by oath or affirmation, and particularly describing the place to be search-
ed, and the persons or things to be seized.
Art. 5. No person shall bo held to answer for a capital or otherwise
infamous crime, unless on a pi-esentment or indictment of a gi-and jury,
except in cases arising in the land or naval forces, or in the militia, when
in actual service, in time of war or public danger ; nor shall any person
be subject for the same offence to be twice put in jeopai'dy of life or
linjb; nor shall be compelled, in any criminal case, to be a witness .against
himself; nor be deprived of life, liberty, or property, without due process
of law; nor shall private projierty be taken for public use, without just
compensation.
Art. 6. In all criminal prosecutions the accused shall enjoy the right to
a speedy and public trial, by an impartial jury of the state and district
wherein the crime shall have been committed, which disti'ict shall have
been previously ascertained by law, and to be informed of the nature and
cause of the accusation : to be confronted with the witnesses against him ;
to have compulsoiy process for obtaining witnesses in his favour ; and to
have assistance of counsel for his defence.
Art. 7. In suits at common law, where the value in controversy shall ex-
ceed twenty dollars, the right of trial by jury shall be preserved ; and no
fact tried by a jury shall be otherwise re-examined in any court of the
United States, than according to the rides of the common law.
Art. 8. Excessive bail shall not be required, nor excessive fines imposed,
nor cruel and unusual punishments inflicted.
Art. 9. The enumeration in the constitution of certain rights, shall not
be construed to deny or dispai'age others retained by the people.
Art. 10. The powers not delegated to the United States by the consti-
tution, nor prohibited by it to the states, are reserved to the states re-
spectively, or to the people.
Art. 11. The judicial power of the United States shall not be constru-
ed to extend to any suit in law or equity, commenced or prosecuted against
one of the United States by citizens of another state, or by citizens or
subjects of any foreign state.
Art. 12. § 1. The electors shall meet in their resjiective states,
and vote by ballot for president and vice president, one of whom,
182 STATUTES AT LARGE
CoxsTiTUTiovat least, shall not be an inhabitant of the same state with them-
U. States selves ; they shall name in their ballots the person voted for as pre-
sident, and in distinct ballots the person voted for as vice president ; and
they shall make distinct lists of all persons voted for as president,
and of all persons voted for as vice president, and of the number of votes
for each, which lists they shall si^n and certify, and transmit sealed to the
seat of the government of the United States, directed to the president of
the senate ; the president of the senate shall, in the presence of the sen-
ate and house of representatives, open all the certificates, and the votes
shall then be counted; the person having the greatest number of votes
for president, shall be the president, if such number be a majority of the
Avhole number of electors appointed : and if no person have such majo-
rity, tlien from the persons having the highest numbers, not exceeding
three, on the list of those voted for as president, the house of represen-
tatives shall choose immediately, by ballot, the president. But, in choos-
ing the president, the votes shall be taken by states, the representation
from each state having one vote ; a quorum for this purpose shall consist
of a member or members from two-thirds of the states, and a majority of
all the states shall be necessary to a choice. And if the house of repre-
sentatives shall not choose a president whenever the right of choice shall
devolve upon them, before the fourth day of March next following, then
the vice president shall act as president, as in the case of the death or
other constitutional disability of the president.
2. The person having tlie gi'eatest number of votes as vice president,
shall be the vice president, if such number be a majority of the whole
iiumber of electors appointed ; and if no person have a majority, then
from the two highest numbers on the list, the senate shall choose tlie vice
president : a quorum for the purpose shall consist of two-thirds of the
whole number of senators, and a majority of the whole number shall be
necessary to a choice.
3. But no person constitutionally ineligible to the office of president,
shall be eligible to that of vice president of the United States.
STATUTES AT LARGE 183
RESOLUTION OF THE TWO HOUSES OF THE LEGISLA-
TURE OF SOUTH CAROLINA,
RESPECTING THE AMENDMENTS TO THE CONSTITUTION OF TIIEU. STATES.
Decemuer 18, 1829.*
(Tampldct Laws, Reports and Resolutions of 1S29, p. 21 .)
In the Senate, December 18, 1829.
RcsolrcJ, That the Clerks of the two houses and the Secretary of State,
tlo examine their respective offices, and report to the Legislature at its
next session, whether this State has ever acted upon, and accepted or
rejected the amendment to the Constitution of the United States, set
down as the 13th, in the authorized edition of the laws of the Uiated
States, at page 74 of the first volume, (published pursuant to the act of
Congress of the 18th. April, 1814.)
Resolved, That the said officers do likewise examine and report,
whether this State has ever acted upon and accepted those two amend-
ments of the Constitution of the United States, contained in the above
mentioned edition of the laws of the United States, at page 72 of the
first volume, and numbered 1 and 2.
Ordered, That the resolution be sent to the House of Repre-
sentatives.
By order of the Senate, JOB JOHNSTON, C. S.
In the House of Representatives, December 18, 1829.
Resolved, That the House do concur with the Senate. Ordered,
That it be returned.
By order of the House, R. ANDERSON, C. H. R.
The Editor can find no report made in conformity thereto.
184
STATUTES AT LARGE
THE CONSTITUTION OF THE STATE OF SOUTH CAROLINA.
June Sd, 1790.
Lesislature.
Representa-
tives liow
chosen and for
what time.
Proportion of
them.
Wc, the Delegates of the people of the State of South-Carolina in
General Convention met, do ordain and establish this Constitution for its
government.
ARTICLE L
Sec. 1. The legislative authority of this State shall be vested in a
General Assembly, which shall consist of a Senate and House of Rejsre-
sentatives.
Sec. 2. The House of Representatives shall be composed of members
chosen by ballot, every second year, by the citizens of this State, quali-
fied as in this Constitution is pi'ovided.
Sec. 3. The several election districts in this State shall elect the follow-
ing number for representatives, viz :
Charleston, including St. Philip and St. Michael,
Christ Church, - -
St. John, Berkley, - -
St. Andrew, - .-
St. George, Dorchester, - -
St. James, Goose Creek, - -
St. Thomas and St. Dennis, - ' -
St. Paul, . . ■-
St. Bartholomew, - -
St. James, Santee, - -
St. John, Colleton, - -
St. Stephen, - -
St. Helena, - -
St. Luke, - -
Prince William, - -
St. Peter, - -
All Saints, (including its ancient boundaries)
Winyaw, (not including any part of All Saints)
Kingston, (not including any part of All Saints)
Williamsbui-gh, - -
Liberty, - ' -
Marlborough, - -
Chesterfield, - -
Darlington, - -
York, ....
Fifteen Members.
Three
Three
Three
Three
Three
Three
Three
Three
Three
Three
Three
Three
Three
Three
Three
One
Three
Two
Two
Two
Two
Two
Two
Three
OF SOUTH CAROLINA.
185
Members.
Constitution
01'
.S. Caiioi.ixa.
Choster, - - - . Two
FLiiifiekl, - - - - Two
Richland, - - - - Two
Lancaster, - - - - Two
Kershaw, - - - - Two
Chiremont, - - - - Two
Clarendon, - - - - Two
Abbeville, .... Three
Edjrefiekl, . ■ - - ■ '^'^"■^'^
Newberry, (includinrr the fork between Broad Three "
and Saluda Rivers,)
Laurens, - - - Three "
Union, ... Two "
Spartan, - - - Two
Greenville, - Two "
Pendleton, - - Three
St. Matthew, ' Two
Orange, - ^ Two
AVinton, (including the district between Savannah liver -r., „
and the north fork of Ed isto)
Saxe Gotha, - - - Three
*Sec. 4. Every free white man, of the age of twenty-one years, being a Qualification,
citizen of this State, and having resided therein two years previous to the
day of election, and who hath a freehold of fifty acres of land, or a town
lot, of which he hath been legally seized and possessed at least six months
before such election, or, not having such freehold or town lot, hath been a
residertt in the election district, in which he offers to give his vote, six
months before the said election, and hath paid a tax the preceding year
of three shillings sterling towards the support of this government, shall
have a right to vote for a member or members, to serve in either branch
of the legislature, for the election district in which he holds such property
or is so resident.
Sec. 5. The returning officer, or any other person present, entitled to How proved or
vote, may require any person who shall offer his vote at an election, to «^'^mmcd.
produce a certificate of his citizenship, and a receipt from the tax collector
of his having paid a tax, entitling him to vote, or to swear or affirm, that
he is duly qvialified to vote agreeably to this constitution.
Sec. 6. No person shall be eligible to a seat in the House of Representa- who may or
tives, unless he is a free whita man of the age of twenty-one years, and may not be
hath been a citizen and resident in this State three years previous to ^ '^'^ ^
his election. If a resident in the election district, he shall not be eligible
to a seat in the House of Representatives, unless he be legally seized and
]>ossessed, in his own right, of a settled freehold estate of five hundred
acres of land, and ten negroes ; or of a real estate of the value of one
hundred and fifty pounds sterling, clear of debt. If a non-resident, he
shall be legally seized and possessed of a settled freehold estate therein,
of the value of five hundred pounds sterling, clear of debt.
Sec. 7. The Senate shall be composed of members to be chosen for four Senators chos'n
years, in the following proportions, by the citizens of this State, qualified 'o'" four years,
to elect members to the House of Representatives, at the same time, in
the same manner, and at the same places where they shall vote for repre-
sentatives, viz :
VOL. 1.— r24.
1S6 STATUTES AT LARGE
S. Cakoi.IiNA.
Constitution Cliarleston (including St, Philip and St. Michael,)
Christ Church, . . . -
StJohn, Berkley, . - . -
St. Andrew, - - - '
Proportion of St. George, ^ ....
them. St. James, Goose Creek, - - - .
St. Thomas & St. Dennis, -
St. Paul, ... -
St. Bartholomew, . . . -
St. James, Santee, . . . -
St. .John, Colleton, . . . .
' St. Stephen, ....
St. Helena, ... -
St. Luke, . . . -
Prince William, _ . - -
St. Peter, . . . .
All Saints, ....
Winyaw & Williamsburgh,- ...
Liberty and Kingston, . . . .
Marlborough, Chesterfield and Darlington,
York, ..----
Fairfield, Richland and Chester,
Lancaster and Kershaw, . - - -
Claremont and Clarendon, - - - -
Abbeville, - - - . -
Edgefield, ------
Newberry (including the fork between Broad and
Saluda rivers,) . . . -
Jjaurens, - - . . .
Union, -.----
Spartan, ------
Greenville, ------
Pendleton, ------
St. Mathew and Orange,
Winton, including the district between Savannah
river and the North fork of Edisto,
Saxe Gotha, . . - - .
.Who slmll not ^Sec. 8. Noperson shall be eligible to a seat in the Senate unlesshe is afree
be eligible to -white man, of the age of thirty years, and hath been a citizen and resident
the Senate, .^^ ^^^. _, ^^_^^^ ^^^^ ^^^^.^ pj-gYious to his election. If a resideiit in the elec-
ti(m district, he shall not be ehgible, unless he be legally seized and pos-
sessed in his own right of a settled freehold estate of the value of three
hundred pounds sterling, clear of debt. If a non-resident in the election
district, he shall not be eligible unless he be legally seized and possessed
in his own right, of a settled freehold estate, in the said district, of the
value of one thousand pounds sterling, clear of debt.
Senate diviiled Scc. 9, Immediately afterthe senators shallbe assembled, in consequence
Lndhow^^'*^**'^^^ ^^^^ ^^'^^ election, they shall be divided by lot, into two classes. The
seats of the senators of the first class shall be vacated at the expiration
of the second year, and of the second class, at the expiration of the fourth
year ; so that one half thereof, as near as possible, may be chosen for
ever thereafter, every second year, for the term of four years.
Me bers f ^^^- ^^- *5pnators, and members of the house of representatives, shall be
legislature chosen on the second Monday in October next, and the day following ;
Two
Members.
One
((
One
One
One
(1
One
a
One
One
((
One
((
One
(<
One
"
One
a
One
<(
Ono
"
One
((
One
"
One
11
One
One
"
Two
"
One
"
One
((
One
One
One
it
One
"
One
One
ic
One
a
One
One
One
"
One
One
"
One
<(
One
<(
One
a
OF SOUTH CAROLINA. 1S7
anil on tho same days in every second year thereafter, in such manner, Constitution
vmd at such times, as are herein directed, and shall meet on the fourth <^c^°^, ,^.^
Monday in November, annually, at Columbia (which shall remain the seat v^-. -^^
of government, until otherwise determined by the concurrence of two
thirds of both branches of the whole representation) unless the casualties when clioKcn,
of war, or contagious disorders, should render it unsafe to meet there ; wl'^n'omf-ct.
in either of which cases, the Governor or Commander-in-Chief for the** ''^''"
time being, may, by proclamation, appoint a more secure and convenient
place of meeting.
Sec. 11. Each house shall judge of the elections, returns, and qualifica- ^'^'"I'^y °^
„. , 1 • • f 1 1 1 11 • cleclioiis liow
tions of its own members ; and a m;i]ority oi each liouse sliall consUtute a determined.
quorum to do busines ; but a smaller number may adjourn from day to Quorum.
day, and may be authorized to comj)el the attendance of absent members,
in such manner and under such penalties as may be provided by law.
Sec. 12. Each house shall choose by ballot its own officers, deteraiino its />£ d™Today.
lilies of jiroceeding, punish its members for disorderly behaviour, and Kach house to
with the concurrence of two thirds, expel a member, but not a second ^'f/''- '^^"' °^^^-
time tor the same cause.
Sec. 13. Each house may punish, by imprisonment, during its sitting. Powers of tlio
any person, not a member, who shall be guilty of disrespect to the house, by house lo punish
any disorderly or contemptuous behaviour in its presence — or who, ^"^ ^Hjatcmpt.
during the time of its sitting, shall threaten harm to body or estate of
any member, for any thing said or done in either house ; or who shall
assault any of them therefor ; or who shall assault or arrest any witness
or other person oi'dered to attend the house, in his going to or returning
therefrom ; or who shall rescue any person arrested by order of the
liouse.
Sec. 14. The members of both houses shall be protected in their per- ^'"'^"'J*'^''-^ ''^
, , . , . , . i -, • I- 1 niemi)ersan(l
sons and estates, during their attendance on, going to, and returning irom, the their estates.
legislature, and ten days previous to the sitting, and ten days after the
adjournment of the legislature. But these privileges shall not be exten-
ded so as to protect any member who shall be charged with treason,
felony, or breach of the peace.
Sec. 15. Bills for raising a revenue shall originate in the house of repre- '^""'^
sentatives, but may be altered, amended, or rejected by the Senate.
All other bills may originate in either house, and may be amended, ^''""'"*^'"*-
altered, or rejected by the other. . , .. ^.
Sec. 16. No bill or ordinance shall have the force of law, until it shall ihc ibrcc of a
have been read three times, and on three several days, in each house, has law.
had the great seal affixed to it, and has been signed, in the senate house, by
the president of the senate and speaker of the house of representatives.
Sec. 17. No money shall be drawn out of the public treasury but by the t^ra^vI^from
legislative authority of the state. treasury inuhy
^(v. 18. The members of the legislature, who shall assemble under this l<;,?''l^'"f*--.
constitution, shall be entitled to receive out of the puldic treasury as a t^^ne'iBbers.
compensation for their expenses, a sum not exceeding seven shillings
sterling a day, during their attendance on, going to, and returning
from the legislature ; but the same may be increased or diminished by
law, if circumstances shall require ; but no alterations shall be made by
any legislature, to take eflect during the existence of the legislature
which shall make such alteration.
Sec. 19. Neither house, during their session, without the consent of the Adjournment
other, shall adjourn for more than three days, nor to any other place than "^ houses,
that in which the two houses shall be sittinc:.
ISS
STATUTES AT LARGE
Constitution
or
S. C.\i:oLixA.
Regulation
about bringing
in bills &f.
once rejected.
What persons
are excluded
from
legislature.
How vacancies
in legiirlatiu'e
shall be filled.
Clergymrn
enrludcd.
Sec. 20, No bill or ordinance, which shall have been rejected by either
house, shall be brought in again during the sitting, without leave of the
house, and notice of six days being previously given.
Sec. 21. No person shall be eligible to a seat in the legislature whilst he
holds any office of profit or tnist under this state, the United States, or
either of them, or under any other power — except officers in the militia,
army, or navy of this state, justices of the peace or justices of the county
courts, while they receive no salaries ; nor shall any contractor of the
army or navy of this state, the United States, or either of them, or the
agents of such contractor, be ehgible to a seat in either house. And if
any member shall accept or exercise any of the said disqualifying offices,
he shall vacate his seat.
Sec. 22. If any election district .shall neglect to choose a member or
members on the days of election, or if any person chosen a member of
either house should refuse to qualify and take his seat, or should die, depait
the state, or accej^t of any disqualifying office, a writ of election shall
be issued by the president of the senate, or speaker of the house
of representatives, as the case may be, for the pur]:iose of filling up the
vacancy thereby occasioned, for the remainder of the term for which
the person so refusing to qualify, dying, departing the state, onaccepting
a disqualifying office, was elected to serve.
Sec. 23. And whereas the ministers of the gospel are, by their profes-
sion, dedicated to the sersdce of God, and the cure of souls, and ought not
to be diverted from the great duties of their function ; therefore, no
minister of the gospel, or public preacher, of any religious jjersuasion,
whilst he continues in the exercise of his pastoral functions, .shall be
eligible to the office of Governor, Lieutenant-governor, or to a seat in the
senate or house of representatives.
ARTICLE II.
Executiv*.
How chosen;
for 2 years.
Qualification
of governor.
Not rc-eligible
fiwr 4 years.
Disquahfica-
tion.
Lt. Governor
how chosen
&,c.
Sec. 1. The executive authority of this state shall be vested in a
governor, to be chosen in the manner following; as soon as may be, after
the first meeting of the senate and house of representatives, and at
every first meeting of the house of representatives thereafter, when a
majority of both houses shall be present, the senate and house of repre-
sentatives shall, jointly, in the house of representatives, choose by ballot
a goveinor, to continue for two years, and until a new election shall be
made.
Sec. 2. No person shall be eligible to the office of governor, unless
he hath attained the age of thirty years, and hath resided within the
state, and been a citizen thereof, ten years, and unless he be seized and
possessed of a settled estate within the same, in his own right, of the
value of fifteen hundred pounds sterling, clear of debt.
No person, having sel•^•ed two years as governor, shall be reeligtble to
that office, till after the expiration of four years.
No person shall hold the office of governor, and any other office, or
commission, civil or military, except in the militia, either in this state, or
under any state, or the United States, or any other power, at one and
the same tiine.
Sec. 3. A lieutenant-governor shall be chosen at the same time, in the
same manner, continue in office for the same period, and be possessed of
the same qualifications as the governor.
OF SOUTH CAROLINA. ]S9
8cc. 4. A member of the senate or house of ropresentalivcs, l)eing ^-'"•'^■^■'''■^'"r'o^
chosen, and acting as governor or lieutonant-governoi-, shall vacate his s. Cakoi.ina.
seat, and another person shall be elected in his stead. , ^-v^-^^
Scr. 5. In case of the impeachment of the governor, or his removal
from office, death, resignation, or absence from the state, the lieutenant- Member of
governor shall succed to his office. And in case of the impeachment of '^;'?|*'''^'"''9
the lieutenant-governor, or his removal from office, death, resignation, or on h,.ing
absence from the state, the president of the Senate shall succeed to his eircied
office, untill a nomination to those offices respectively shall be made ^iyTm^JmoT°^^^
the senate and house of representatives, for the remainder of the time impearhmcnt
for which the officer so impeached, removed from office, dying, resigning, °^ governor or
, . , , ^ , ./ o o o j^t. (.overnor.
or bemg absent, was electctl. Vacancies how
Sec. 6. The governor shall be commander-in-chief of the amiy and fiUcd.
navy of this state, and of the militia, except when they shall be called (.'o'Jnmand army
into the actual service of the United States. <fcc.
Sec. 7. He shall have power to grant reprieves and pardons, after 3Iay grant
conviction, except in cases of impeachment, in such manner, on such terms, P^'""iiSi *c.
and under such restrictions, as he shall think proper ; and he shall have
power to remit fines and forfeitures, unless otherwise directed by law.
Sec. 8. He shall take care that the laws be faithfully executed in ^}^^^} execute
*^ the laws.
niercy. • May prohibit
Sec. 9. He shall have power to prohibit the exportation of provisions, exportation of
for any time not exceeding thirty days. provisions.
Sec. 10. He shall, at stated times, receive for his services a compen- I^i**
sation which shall be neither increased or diminished during the period '^■"'^"P6"s^''on'
for which he shall have been elected.
Sec. 11. All officers in the executive department, when required ofliccrs shall
by the governor, shall give him information in writing, upon any subject give infomia-
relating to the duties of their respective offices. tiori to govcm-
Sec. 12. The governor shall, from time to time, give to the general Governor shall
assembly information of the condition of the state, and recommend to ^^^'^ informa-
their consideration such measures as he shall judge necessary or expedient, bly.
Sec. 1.3. He may, on extraordinary occasions, convene the general 3iay convene
assembly, and, in case of disagreement between the two houses with ^'cn. Asscrnb.
respect to the time of adjournment, adjourn them to such time as he shall °'' occas'i'ons"'^
think proper, not beyond the fourth JMonday in the month of November and adjourn
then ensuin<r. legislature
wlien they
cannot agree.
ARTICLE III.
Sec. 1. The judicial power shall be vested in such superior and infe- Judiciary.
rior courts of law and equity, as the legislature shall, from time to time, j^'j^jp^j'^jt^,
direct and establish.
The judges of each shall hold their commissions during good behaviour; hoi,f commis-
and the judgesof the superior courts shall, at stated times, receive acompen- sions during
sation for their services, which shall neither be increased or diminished K°°'l^'^^'^^'*°"'''
during their continuance in office: but they shall receive no fees or receive com-
perquisites of office, nor hold any other office of j)rofit or trust, under this iiensation and
state, the United States, or any other power. fromholdin"
Sec. 2. The style of all process shall be, " The State of South Caro- any other °
lina." All prosecutions shall be carried on in the name, and by the ^"-^.V^/-
thority of the State of South Carolina, and conclude — " against the peace ""
and dignity of the same."
190
STATUTES AT LARGE
Constitution ARTICLE IV.
OF '
S. Carolina.
\,^'Y^'*s./ ^^^^ persons who shall be chosen or appointed to any office of profit or
trust, before entering on the execution thereof, shall take the following
Oath of office, oath ; " I do swear (or affirm) that I am duly qualified, according to the
constitution of this state, to exercise the office to which I have been ap-
jiointed, and will, to the best of my abilities, discharge the duties there
of, and preserve, protect, and defend the constitution of this state, and of
the United States."
ARTICLE V.
Reprnscnta-
lives shall
impeach.
Senate to try
impeachments.
Wlio liable to
impeachment.
Puni.shment in
case of conviC'
tion.
Sec. 1. The house of representatives shall have the sole power of im-
peaching ; but no impeachment shall be made, unless with the concur-
rence of two-thirds of the house of rejjresentatives.
Sec. 2. All imjDeachments shall be tried by the senate. When sitting
for that purpose, the senators shall be on oath, or affirmation ; and no
person shall be convicted without the concurrence of two-thirds of the
members present.
Sec. 3. The governor, lieutenant-goveraor, and all the civil officers,
shall be liable to impeachment for any misdemeanor in office ; but judge-
ment in such cases shall not extend further than to a removal from of-
fice, and disqualification to hold any office of honour, trust, or profit, un-
der this slate. The party convicted shall, nevertheless, be liable to in-
dictment, trial, judgement, and ]3unishment, according to law.
ARTICLE VL
How officers
shall be elected
Limitation of
some commis-
sions.
Other officers
how appointed.
Sheriffs elected
for 4 years.
Style of com-
missions.
Sec. 1. The judges of the superior courts, the commissioners of the
treasury, secretary of the state, and surveyor general, shall be elected
by the joint ballot of both houses, in the house of representatives. The
commissioners of the treasury, secretary of the state, and surveyor
general, shall hold their offices for four years ; but shall not be eligible
again for four years after the expiration of the time for which they
shall have been elected.
Sec. 2. All other officers shall be appointed as they hitherto have been,
until otherwise directed by law ; but sheriffs shall hold their offices for
four years, and not be again eligible for four years after the term for
which they shall have been elected.
Sec. 3. All commissions shall be in the name and by the authority of
the State of South Carolina, and be sealed with the seal of the state, and
be signed by the governor.
ARTICLE VII.
Laws to
continue of
force until
altered.
All laws of force in this state at the passing of this constitution, shall
so continue until altered or repealed by the legislature ; except where
they are temporary, in which case they shall expire at. the times re-
spectively limited for their duration, if not continued by act of the le-
gislature.
OF SOUTH CAROLINA. 191
Constitution
OF
S. Carolina.
ARTICLE VIII. v-^/-*w/
Sec. 1. The free cxei'cise and enjoyment of religions profession and Free exercise of
worship, without disci'imination or preference, shall, forever hereafter, be '^"yeligious
allowed within this state to all mankind ; provided, that the liberty o^\I"q^^^,\^"'
conscience thereby declared, shall not be so construed as to excuse acts
of licentiousness, or justify practices inconsistent with the peace or safe-
ty of this state.
Sec. 2. The rights, privileges, immunities, and estates, of both civil and Ri^htB &(^.
religious societies and of corporate bodies, shall remain as if the consti- 1"''''*'^''^'^'' ^° i
tution of this state had not been altered or amended. other bodies-.
ARTICLE IX.
Sec. 1. All power is originally vested in the people; and all free go- Declaration of
vennnents are founded on their authox'ity, and are instituted for their '"'S'"''-
peace, safety and happiness.
Sec. 2. No freeman of this state shall be taken, or imprisoned, or dis-
seized of his freehold, liberties, or privileges, or outlawed, or exiled, or
in aiiy manner destroyed, or deprived of his life, liberty, or property, but
by the judgment of his peei's, or by the law of the land ; nor shall any
bill of attainder, ex post facto law, or law impairing the obligation of
contracts, ever be passed by the legislature of this state.
Sec. 3. The military shall be subordinate to the civil power.
Sec. 4. Excessive bail shall not be required, nor excessive fines impo-
sed, nor cruel punishments inflicted.
Ser. 5. The legislature shall not grant any title of nobility, or heredi-
tary distinction, nor create any office, the appointment to which shall be
for any longer time than during good behaviour.
Sec. 6. The trial by jury, as heretofore used in this state, and tlie liber-
ty of the press, shall be for ever inviolably preserved.
ARTICLE X.
Seel. The business of the treasury shall be in future conducted by Trcnsury how
two treasurers, one of whom shall hold his office and reside in Colum- conducted,
bia ; the other shall hold his office and I'eside in Charleston.
Scr. 2. The secretary of state, and the surveyor general, shall hold -^"'1 secretary's
their offices both in Columbia and Charleston. They shall reside at one °'^"^^' *^*''
place, and their deputies at the other.
Sec. 3. At the conclusion of the circuits, the judges shall meet and sit -^"''^^-^ s^.'^j^
at Columbia, for the purpose of hearing and determining all motions bja after circuit'
which may be made for new trials, and in arrest of judgements, and such
points of law as may be submitted to them. From Columbia they shall
proceed to Charleston, and there hear and determine all such motions for
new trials, and in an-est of judgement, and such j)oints of law, as may
be submitted to them.
Sec. 4. The governor shall always reside, during the sitting of the Governor shall
legislature, at the place where their session may be held, and nt all other T^!'!*' where
.• 1 • 1 • • • ^1 11. "i • leijislatiire sits,
times, wherever, m his opinion, the public good may require. auruig session.
192 STATUTES AT LARGE
Constitution Sec. 5. The legislature shall, as soon as may be convenient, pass laws
s C\RoiiN.\ -^^^' '^^® abolition of the rights of primogeniture, and for giving an equi-
,^_.^^^, table distribution of the real estate of intestates.
Rights of
primogeniture ARTICLE XL
to be abolished.
Convention to No convention of the people shall be called, unless by the concur-
b<? called by vence of two-thirds of both branches of the whole representation.
kHslature." No part of this constitution shall be altered, unless a bill to alter the
,. . . same shall have been read three times in the house of representatives,
how to be find three times in the senate, and agreed to by two-thirds of both branch-
altered, es of the whole representation ; neither shall any alteration take place
until the bill so agTeed to, be published three months previous to a new
election for members to the house of representatives ; and if the altera-
tion proposed by the legislature shall be agreed to in the first session,
by two-thirds of the whole representation* in both branches of the legisla-
ture, after the same shall have been read three times, on three several
days, in each house, then, and not therwise, the same shall become a part
of the constitution.
Done in convention at Columbia, in the State (yf South Carolina, the third
day of June, in tlic Year of our Lord 1790, and in the lith year of the
Independence of the United States of America.
By the unanimous order of the Convention.
CHARLES PINCKNEY,
President.
Attest,
JOHN S. DART, Secretary.
That no inconvenience may arise from the alterations and amend-
ments IN the Constitution op this State, it is hereby declared
and ordained :
Provisions until Sec. 1. That the government shall be administered as heretofore, until
new constitu- tij^ meetintr and sittinsf of the leo;islature, to be held under this consti-
tion can ope- . ■=" o o
rate. tution.
Sec. 2. And whereas, the existing laws render it highly inconvenient
for the legislature to meet on the fourth Monday in November, next, it is
therefore ordained, that instead thereof, the members of the senate and
house of representatives, to be elected on the second Monday in Octo-
ber, and on the day following, shall meet at Columbia, the seat of go-
' vernment, on the first Monday in January next.
* The words "by two-thirds of the whole representation,'' are omitted in Grimkc's ropy of
tlic Constitution of South Carolina — Edit.
OF SOUTH CAROLINA. 193
"^-^Y^O
Sec. 3. It is also ordained tliat the commissioners of" th(; treasury shall, Constitution
wi It all convenient dispatch, take a haiancc of the trcasnry hooks, which j^ (-^rolina
bal nee shall be Iodised in the treasurer's office in Columbia, and the ori-
ginal books in the treasurer's office in Charleston.
Sec. 4. It is the opinion of the convention, that the legislature, at
the first session which shall be held under this constitution, should regu-
late and establish by law, all the fees of the respective courts and offices
throughout this state.
Sec. 5. That they also provide for the annual and final settlement of
the accounts of the commissioners of the treasury, so that the .pecuniary
interest of the state be duly attended to, and the persons who faithfully
discharge the duties of that important office be quieted therein, and their
sureties released in a fixed and reasonable time.
Sec. 6. Tliat the legislature shall make effectual pi'ovision for revising,
digesting and publishing the laws of this state, so as that a gener know-
ledge thereof may be diffused among the citizens of this state.
Sec. 7. The legislature at their next meeting shall proceed to the elec-
tion of justices of the peace throughout the state, and justices of the
ccunty courts where county courts are established, and that all former
c( mmissions of the peace then cease ; and that in future all commissions
of the peace expii-e at fixed periods, to be declared by law.
Sec. 8. That all rotatory officers, at the first meeting of the legislature
under this constitution, may be re-elected, notwithstanding any time they
may have before served under the former constitution.
Bi/ the unarcmioiis order of the Convention, June 3, 1790.
CHARLES PINCKNEY,
President.
Attest,
JOHN SANDFORD DART, Secretary.
AMENDMENTS TO THE CONSTITUTION OF THE STATE OF
SOUTH CAROLINA.
Amendments, Ratified December 17, 1808.
The following sections in amendment of the third, seventh, and ninth
sections of the first article of the constitution of this State, shall be, and
they are hereby declared to be valid parts of the said constitution : and
the said third, seventh, and ninth sections, or such parts thereof as are
repugnant to such amendments, an^ hereby repealed and made void.
VOL. I.— 25.
194 ~ STATUTES AT LARGE
Constitution 'fhc house of lepresentatives shall consist of one hundred and twenty-
S. Carolina, f'^"^' members ; to be apportioned among the several election districts of
the State, according to the number of white inhabitants contained, and
the amount of all taxes raised by the legislature, whether direct or indi-
rect, or of whatever species, paid in each, deducting therefrom all taxes
paid on account of property held in any other district, and adding thereto
all taxes elsewhere paid on account of property held in such district ; an
enumeration of the white inhabitants for this purpose shall be made in the
year one thousand eight hundred and nine, and in the course of every
tenth year thereafter, in such manner as shall be by law directed ; and
representatives shall be assigned to the dift'erent districts in the above
mentioned proportion, by act of the legislature at the session immediately
succeeding the above enumeration.
If the enumeration herein directed should not be made in the course
of the year appointed for the purpose by these amendments, it shall be
the duty of the Governor to have it effected as soon thereafter as shall be
practicable.
In assigning representatives to the several districts of this State, the
legislature shall allow one representative for every sixty-second part of
the whole number of white inhabitants in the State ; and one repre-
sentative also for every sixty-second part of the whole taxes raised by the
legislature of the State. J The legislature shall further allow one represen-
tative for such fractions of the sixty-second part of the white inhabitants
of the State, and of the sixty-second part of the taxes raised by the Le-
gislature of the State, as, when added together, form a unit.
In every apportionment of representation under these amendments,
which shall take place after the first apportionment, the amount of taxes
shall be estimated from the average of the ten preceding years ; but the
first apportionment shall be founded upon the tax of the preceding year;
excluding from the amount thereof the whole produce of the tax on sales
at public auction.
If in the apportionment of representatives under these amendments,
any election district shall appear not to be entitled, from its population
and its taxes, to a representative, such election district shall, nevertheless,
send one representative ; and if there should be still a deficiency of the
number of representatives required by these amendments, such deficiency
shall be supplied by assigning representatives to those election districts
haxnng the lai'gest sui-plus fractions, whether those fractions consist of a
combination of population and taxes, or of pojiulation or of taxes sepa-
rately, until the number of one hundred and twenty-four members be
provided.
No apportionment under these amendments shall be construed to take
effect in any manner, until the general election which shall succeed such
apportionment.
The election districts for members of the House of Representatives,
shall be and remain as heretofore established, except Saxegotha and New-
berry, in whicli the boundaries shall be altered as follows, viz : That part
of Lexington in the fork of Broad and Saluda rivers, shall no longer
compose a part of the election district of Newberry, but shall be hence-
forth attached to and form a part of Saxegotha. And also except Orange
and Barnwell, or AVinton, in which the boundaries shall be altered as
follows, viz : That part of Orange in the fork of Edisto, shall no longer
compose a part of the election district of Barnwell or Winton, but shall
be henceforth attached to and form a part of Orange election district.
OF SOUTH CAROLINA. \9t
or
;arolina.
The Senate slmll be composed of one Mcinl)er fiom each election ^'"^"titution
district, as now cstublisliod for the election of members of the House g (<,""
of Representatives, except the district formed by the Parishes of St.
Philip and St. Michael, to which shall bo allowed two Senators as hereto-
fore.
The seats of those Senators who under the constitution shall represent
two or moie election districts, on the day j)receding the second Monday
of October, which will be in the year one thousand eight hundred and
ten, shall be vacated on that day, and the new Senators who shall repre-
sent such districts under these amendments, shall, immediately after they
shall have been assembled under the first election, be divided by lot into
two classes ; the seats of the senators of the first class shall be vacated at
the expiration of the second year, and of the second class at the expira-
tion of the fourth year ; and the number of these classes shall be propoi'-
tioned, that one half of the whole number of senators may, as nearly as
possible, continue to be chosen thereafter every second year.
None of these amendments becoming parts of the constitution of this
State, shall be altered, unless a bill to alter the same shall have been read
on three several days in the House of Representatives, and on three
several days in the senate, and agreed to at the second and third reading,
by two thirds of the whole representation, in each branch of the legisla-
ture ; neither shall any alteration take place, until the bill so agreed to,
be published three months j^revious to a new election for members to the
House of Representatives ; and if the alteration proposed by the legisla-
ture shall be agreed to in their first session, by two-thirds of the whole
representation, in each branch of the Legislature, after the same shall
have been read on three several days in each house, then, and not other-
wise, the same shall become a part of the constitution.
Amendment, Ratified December 19, ISIO.
That the fourth section of the first article of the constitution of this
State be altered and amended to read as follows : Every free white man
of the age of twenty-one years, paupers and non-commissioned officers
and private soldiei-s of the army of the United States excepted, being a
citizen of this State, and having resided therein two years previous to the
day of election, and who hath a freehold of fifty acres of land or a town
lot, of which he hath been legally seized and possessed at least six months
before such election, or not having such freehold or town lot, hath been a
resident in the election district in which he offers to give his vote, si.x
months before the said election, shall have a right to vote for a member or
members to serve in either branch of the legislature for the election dis-
trict in which he holds such property, or is so resident.
Amendment, Ratified December 19, 1816.
That the third section of the tenth article of the Constitution of this
State be altered and amended to read as follows : The judges shall, at
196 STATUTES AT LARGE
\^^y^^
Constitution such times and places as shall be prescribed by act of the legislature of
on"*" ,, this State, meet and sit for the purpose of hearinof and determining- all
S. Carolina. . , . , , i r> • i i • n • -. ^
motions winch may be made tor new trials, antl m arrest ot judgment,
and such points of law as may be submitted to them.
Amendment, Ratified December 20, 1820.
That allthat territory lying within the chartered limits of this State, and
which wf seeded by the Cherokee nation, in a treaty concluded at Washing-
ton, on the twenty-second day of March, in the year of our Lord one thousand
eight hundred and sixteen, and confirmed by an act of the legislature of
this State, passed on the nineteenth day of December, in the same year,
shall be, and the same is hereby declared to be annexed to, and shall form
and continue a part of the election district of Pendleton.
Amendment, Ratified December 19-20, 1828.
That the third section of the fifth article of the constitution of this State,
shall be altered to read as follows, viz :
Sec. 3. The governor, lieutenant-governor, and all civil officers, shall be
liable to impeachment for high crimes and misdemeanors, for any misbe-
haviour in office, for corruption in procuring office, or for any act which
shall degrade their official character. But judgement, in such cases, shall
not extend farther than to removal from office, and disqualification to hold
any office of honour, trust, or profit, under this State. The party convict-
ed shall, nevertheless, be liable to indictment, trial, judgment and punish-
ment, according to law.
Sec. i. All civil officers, whose authority is limited to a single election
district, a single judicial district, or part of either, shall be appointed, hold
their office, be removed from office, and in addition to liability to impeach-
ment, may be punished for official misconduct, in such manner as the
Legislature, previous to their appointment, may provide.
Sec. 5. If any civil officer shall become disabled from discharging the
duties of his office, by reason of any permanent bodily or mental infiimi-
ty, his office may be declared to be vacant, by joint resolution agreed to
by two-thirds of the whole representation in each branch of the Legisla-
ture : Provided, That such resolution shall contain the grounds for the
proposed removal, and before it shall pass either house, a copy of it shall
be served on the officer, and a hearing be allowed him.
Amendment, Ratified December G, 1834.
That the fourth article of the Constitution of this State shall be amend-
ed so as to read as follows, viz : Every person who shall be chosen or
OF SOUTH CAROLINA. 197
appointed to any office of profit or trust, before entering;- on the execution Constitution
thereof, shall t;iko the followinjr oath : " 1 do solemnly swear (or affirm) ^^ (j "J:"
that 1 will be faithful, and true allegiance bear to the State of South
Carolina, so long as I may continue a citizen thereof; and that I am duly
qualified, according to the Constitution of this State, to exercise the
office to which 1 have been appointed ; and that 1 will, to the best of my
abilities, discharge the duties thereof, and preserve, protect and defend
the Constitution of this State, and of the United States : So help mc
God."
198 STATUTES AT LARGE
RESOLUTIONS OF THE TWO HOUSES, CONCERNING THE
4TH SECTION OF THE CONSTITUTION.
Passed December 17, 1831.
( P am pJilet Laics, Reports, Resolutions and Jownalsfor tlie year 1831, 'p- 55.)
In the House of Representatives, December 17, 1831.
Resolved, That the act altering the 4th section of the Constitution of
the State of South Carolina, be herewith published, to wit : " Every free
white man of the age of twenty-one years, (paupers and non-commissioned
officers and privates of the Army of the United States excepted) being a
citizen of this State, and having resided thej'ein two years previous to the
day of election, and who has a freehold of fifty acres of land, or
a town lot, of which he has been legally seized and possessed at least
six months before such election, or not having any such freehold or town
lot, hath been resident in the election district, in which he offers to give
his vote, before the election six months, shall have a right to vote for
a member or members to sei-ve in either branch of the Legislature, for the
election district in which he holds such property or residence."
Resolved, That the two years residence required by the Constitution in
a voter, are the two years immediately previous to the election, and the
six months residence in the election district, are the six months immediate-
ly previous to the election ; but if any person has his home in the Sta^e
he does not lose the right of residence by temporary absence with the
intention of retui'ning ; and if he has his home in the election district, his
right to vote is not impaired by a temporary absence with the in-
tention of returning. But if one has his home and family in another
State, the presence of such person, although continued for two years in
the State, gives no right to vote.
Resolved, That the House do agree in the Report. Ordered to be sent
to the Senate for concurrence.
By order of the House,
R. ANDERSON, C. H. R.
In Senate, December 17, 1831.
Resolved, That the Senate do agree. Ordered to the House of Repre-
sentatives. By order of the Senate,
JACOB WARLEY, C. S.
OF SOUTH CAROLINA. 199
RESOLUTIONS OF THE TWO HOUSES, RESPECTING ELEC-
TIONS, AND THE 4TH SECTION OF THE CONSTITUTION
OF THIS STATE.
Passed December 10, 1833.
( Pamjjhht Laws, Reports and Resolutions for 1833, pages 53-54.^
In the House of Representatives, Dec. 18, 1833.
Resolved, That the ManaG;-ers of Election, prior to their proceeding to
the elections, do take the following oath or affinnation before some magis-
trate, or one of the managers of election, to wit : " That they will faith-
fully and impartially carry into execution the foregoing elections, ao-reea-
bly to the constitution of the State of South-Carolina."
Resolved, That in future no person qualified to vote for members of
each branch of the legislature, shall be peimitted to vote in more than
one election district or parish ; and the managers of elections throuo-hout
this State, are hereby required and directed, if they think proper, or on
the application of any elector present, to administer to any person or per-
sons ottering to vote, the following oath : " I, A. B. do solemnly swear (or
affirm, as the case may be) that I have not at this general election for
members of the legislature, voted in this or any other district or parish,
and that I am constitutionally qualified to vote. So help me God." And
if any person or persons required, as aforesaid, to take said oath or affir-
mation, shall refuse to do so, then the managers respectively in their res-
pective election districts and parishes shall be, and they are hereby re-
quii-ed and enjoined to refuse such vote or votes ; and in case the mana-
gers shall refuse to require the oath as aforesaid, when demanded, they
shall be liable to all the pains and penalties they would be liable and
subject to for neglecting any other duties required of them as managers of
elections for either branch of tlie legislature.
Resolved, That the act altering the 4th section of the constitution of
the State of South Carolina be herewith published, to wit : " Every free
white man of the age of twenty-one years (paupers and non-commission-
ed officers and privates of the army of the United States excepted) being
a citizen of this State, and having resided therein two years previous to
the day of election, and who has a freehold of fifty acres of land, or a
town lot, of which he has been legally seized and possessed at least six
months before such election, or not having any such freehold or town lot,
hath been resident in the election district, in ^vhich he offers to give his
vote, before the election six months, shall have a right to vote for a
member or members to serve in either branch of the legislature, for the
< lection district in which he holds such property or residence."
20a STATUTES AT LARGE
Resolutions Resolved, That the two years' residence required by the constitution in
l?LE(rno\T ^ voter, are the two years immediately previous to the election ; and the
six months' residence in the election district, are the six months immedi-
ately previous to the election : but if any person has his home in the
State, he does not lose the right of residence by temporary absence, with
the intention of returning ; and if he has his home in the election district,
his right to vote is not impaired by a temporary absence with the inten-
tion of returning : but, if one has his home and family in another State,
the presence of such person, although continued for two years in the
State, gives no right to vote.
Resolved, That the aforesaid managers do advertise the said elections,
together with these resolutions, in three or more public places within
their respective districts and parishes, and at every place of election.
Resolved, That the House do concur. Ordered, that it be sent to the
Senate for concurrence.
By order of the House,
R. ANDERSON, C. H.^R.
Resolved, That the Senate do concur Ordered, that it be returned to
the House of representatives.
By order of the Senate
JACOB WARLEY, C. S.
OF SOUTH CAROLINA. 201
DOCUMENTS AND RECORDS,
Concerning Federal Relations generally: the Tariff of Protection
AND Proiiiuition: Consolidation: States Rights: Nullification:
Power of the Federal Judiciary: Secession: Coercion: Alle-
giance : Supremacy op the Majority : General Welfare : Internal
Improvements.
Preliminary observations by the Editor, illustrative and explanatory of
the preceding questions.
The legislative acts and resolutions of South Carolina on these sub-
jects, and the proceedings of the Convention of this State, occasioned by
a series of usurpations on the part of Congress from the year 1820 to the
present time, will be found in the documents that follow this note. They
constitxite by far the most prominent and important part of the legisla-
tive history of South Carolina ; and they contain evidence of so much
constitutional knowledge, so much able political disquisition, and so much
fearless honesty both in reasoning and in conduct, that the Editor has
deemed it an imperious duty to preserve every important record relating
to this most interesting struggle. Nor is the contest over. Every year
produces reasonable apprehension of some new attack ; and the docu-
ments that embody our able defences of States Rights against federal
usurpation, have not lost, but greatly gained, in interest and in value.
They contain a mass of enlightened disquisition, to which those who
succeed us will be glad to resort. Until the present volume, they have
been printed and dispersed in a loose and pamphlet form, not calculated
for preservation ; and the citizens of this State who Tuingled in that
exciting contest, will not be sorry to find them collected in a durable pub-
lication.
The Editor has thought fit to preface these documents with notice of
the prominent facts and arguments that bear upon the subjects discussed ;
believing that a brief summaiy, with some explanatory remarks upon a
part of our State history so important to others and so honorable to our-
selves, would meet with the reader's indulgence. Circumstances worth
remembering, that are commonly known at the present day, will pass away
and be forgotten a dozen years hence. A few pages dedicated to their
preservation may be deemed allowable for the sake of those who come
after us. The Editor has inserted some resolutions and proceedings of
other States, which having been recorded in the Pamphlet Laws and Re-
solutions of South Carolina, by direction of our own legislature, he did
not feel himself at liberty to reject.
The government under which we live, is of a double character. The
Colonies of Great Britain in North America formed themselves, on the
4th July, 1776, into thirteen distinct communities or nations, each of
them, like every other nation, independent of tlie others, with distinct
forms of government, and separated into distinct and circumscribed
VOL. I.— 26.
202 STATUTES AT LARGE
territories and localities. Finding that although they were separated as
national sovereignties and communities, they had many objects of com-
mon interest involving their common defence and common welfare, they
formed a confederation, on the 8th July, 1778, to protect all those in-
terests that they had in common ; preserving, however, to each, its
separate Sovereignty and Independence. They did not meet as one
people : they did not amalgamate into one consolidated community, or
renounce their separate forms of government, or their distinct national
character, or national rights, in any other respect than such as were
comprized in their new erected agency or confederation, established to
protect common rights and common interests. This sufficed through the
revolutionary struggle : at the Treaty of peace, the colonies were recog-
nized by Great Britain as well as by the rest of Europe, as distinct inde-
pendent communities, with the usual rights of sovereign nations. Under
that character they treated with Great Britain in 1783. The confedera-
tion of 1778 did not continue to work well, for want of more effectual
and extensive powers. A Convention of the several states therefore
was called, and assembled in 1787, to amend and improve that confedera-
tion. It was a convention not of the people, but of the States ; in their
state capacity : the members were elected, not by the people but by the
States : they were called as states, they met as states, they verified their
powers as states, they voted as states ; and they formed a Constitution
for the United States ; which was ratified, not by the people, but by
the several states. Attempts were made to introduce the Convention
to the public, not as representing an union or confederation of indepen-
dent communities, but as the representatives of one undivided people or
nation. With this view, the term '^national" was adopted in all the
early proceedings of the Convention, until the 25th of June, 1787 ;
when the design being seen through, the adopted term national was
struck out on express motion, and the words tJnited States substituted
in its place. The leading idea that pervades the Constitution of 1787,
is, that the Government or Agency then erected, should have the
exclusive controul over our foreign relations, as to peace and war, trea-
ties of commerce, &c. and every question involving indiscriminately and
by direct operation the whole of the United States. While every thing
comprised in our domestic relations, our internal and territorial govern-
ment, should remain under the exclusive controul of the individual states,
not to be encroached upon or touched by the federal government. To
ensure this, however, the Convention did not content itself with a general
discrimination and separation of powers, but enumerated and conceded
specifically and expressly such as they chose to grant, and refused many
that were proposed. Surely a power proposed, debated, and negatived
by the Convention, cannot now be assumed either directly or indirectly,
without fraudulent contrivance or manifest usurpation.
On the 18th day of August, the following powers were proposed
in the Convention to be vested in the Congi-ess of the United
States.
To grant Charters of Incorporation generally.
To grant Charters of Incorporation in cases where the public good
may require them, and the authority of a single state may be incom-
petent.
(In discussing the constitutionality of the first United States bank bill,
Mr. Madison asserted, that the proposition to vest in Congress such a
power, had been made in the Convention and rejected.)
To establish an University.
OF SOTJTH CAROLINA. 203
To encourage by proper premiums and provisions, the advancement
of useful knowled^re and disf^iveritis.
To establisli ])ublic institutions, rewards and immunities, for the pro-
motion of agriculture, conuiicrce, trades and manufactures.
To regulate stages on postroads.
All these proposals were rejected : none of them are to be found in
the Constitution as it stands.
On the 20th of August, 1787, it was proposed in Convention, that to
assist the President in conducting the public affairs, there shall be a
council of State, of the following officers among others, viz : The Secre-
tary of domestic affairs, who shall be appointed by the President, and
hold his office during pleasure. It shall be his duty to attend to matters
of general police, tlie state of agriculture and manufactures, the opening
of roads and navigations, and the facilitating communications through the
United States ; and he shall from time to time recommend such measures
and establishments as may tend to promote these objects : negatived. (See
Journal of the federal Convention, p. 265.)
No one can pretend to say after this, that manufactures and Internal
improvements were not duly brought before the Convention as subjects
of consideration. But further : on the 14th of September, three days
before the Convention broke up, Internal Improvements were again
pressed and urged on the meeting. For the report of the committee of
revision being brought up and read, it was proposed, that Congress
.should have ])Ower to grant letters of incorporation for Canals, &c. and
that this should be added to the 8th Section of the first article. Passed
in the ncgatirc.
On the same day it was again proposed to establish an University ;
negatived.
What becomes, after this, of the omnipotent discretion of a Congress
Majority 1 Of the supreme importance of the general welfare 1 Of a
protecting Tariff in favor of maimfactures % Of a grand system of Inter-
nal Improvements 1 The subjects were distinctly brought before the
Convention ; which absolutely refused to concede these powers to Con-
gress, or any of them : the proposals were acted on and negatived. Can
these powers be now assumed by Congress, in open defiance of the
Convention and Constitution, which refused to sanction them ? Yet in
the teeth of these proceedings, did Mr. J. Q. Adams, in a message as Pre-
sident, recommend a national University ; a national Observatory ; a
system of Internal Improvement, that would take 100 millions from the
hai-d earnings of the people's industry ; operating as a bribe, offered to
such states as might be selfish enough to accede to this usurpation ; and
a standing brigade of 66 Engineers, to be employed in surveying nation-
al roads, national canals, national fortifications, and drawing paper surveys
without use or end. The exposition made of this most extravagant and
unconstitutional proposal, by our Senator Judge Smith, contributed
greatly to bring it into disrepute.
The f^Tst organized attack on the Constitution began with the Tariff
OF Pno I ECTION'.
Maxufactitres are not fitted for a country of sparce population ; the
supply of labour at a moderate rate, must be plentiful, and easily obtain-
ed. Gen. Alexander Hamilton, appointed Secretary of the Treasury in
1790,- presented in 1791 four reports; on public credit; on a national
bank; on a mint; and on manufactures. This last was evidently prema-
ture. But the feature of his report, was not a distinct tariff of protec-
tion, but a revenue tariff acting in that way. His general proposal was
204 STATUTES AT LARGE
an increase of duties from 5 per cent to 7^ per cent. Woollens were
afterwards subjected, for revenue purposes merely, to a duty of 7^, 12, and
in 1804 of 15 per cent, in aid of the Mediterranean fund against the
Barbary powers. There was nothing to alarm in all this. About the
years ISll and 1812, such was the paralysing influence of the federal
party during the then war with Great Britain — of a body of merchants
and British agents indebted to Great Britain — of retail store-keepers
indebted to British importers — of a people indebted to retail merchants —
and a body of lawyers attached by interest as well as inclination to the
then all powerful monied interest — that the present editor, stating the
difficulties that arose from the acknowledged principles of political
economy calling for free trade, proposed a domestic system of such
manufactures as were of the first necessity, to counteract this enormous
British influence; and he revived the ^^ Emporium^' as a repository of
manufacturing information. That publication fell through in about three
years, from the difficulties of collection induced by the state of war.
Whether the influence of federal politics and British agency, were
causes sufficient to justify the measure proposed, he had subsequent
reasons to doubt. The first regular tariff' of protection was in 1816 ;
introduced on the reasonable pretence (in part) of protecting those manu-
factures during peace, that had been of use to the country during the
war. This measure was supported by Mr. Calhoun, Mr. Lowndes, Mr.
Barbour, Mr. Crawford, &c. The duties were fixed at 25 per cent, to
fall to 20 per cent in 1820. This fall was never permitted to take place.
The sweets of monopoly had been tasted. In the debate of 1820, Mr.
Lowndes, alarmed at the symptoms of monopoly, took a decided stand
against the Tariff" then proposed.
About the year 1818, a plan began to be organized to establish a
comprehensive system of domestic manufactures, to the total exclusion of
all British importation. This plan was at that time communicated to
the present Editor in Philadelphia for his concurrence ; which was
refused. The war was over. But an association for the purpose was
regularly established in that city. In July, 1819, he wrote an Essay
against the justice and policy of a Tariff" of protection, in the Analectic
Magazine, to which Mr. Matthew Carey wrote a reply in the August
number of the same work.* On the 12th of September, 1820, a very
able memorial against the proposed Tariff", drawn up by Stephen Elliott,
Esq. was adopted by the citizens of Charleston. These proceedings were
succeeded by the strong resolutions of the merchants of Boston, (attribu-
ted to Mr. Daniel Webster) against a protecting Tariff", October 3, 1820 ;
and by the memorial presented to Congress to the same purpose, from
a meeting of commercial delegates assembled at Philadelphia, November
4, 1820, (attributed to Mr. Horace Binney.) On the other hand, meetings
in support of a protecting Tariff', were held at Philadelphia, Nov. 8, and
15, 1819, and in New York, Nov. 29, 1819.
In the Session of 1819 — 1820, an increase of the Tariff" was proposed
in Congress : against which the citizens of Chesterfield in this State,
drew up a memorial which was presented to our legislature and reported
on December 8, 1820, but is omitted among the resolutions and reports
of that year. That report, adopted by the house, shows clearly that
many parts of the State were as yet in the infancy of knowledge, as to
* Dr. Cooper had no views of any situation in South Carolina at that time. Dr. Darrell
bTOith, the Chemical Professor, and Dr. Maxcy, the President, then living, and in full health.
OF SOUTH (CAROLINA. 205
States rights and constitutional information. In 1820, wlien by the com-
promise of 1816, the duties ought to have been reduced to 20 per cent,
the northern delegates raised a comniitlee of manufactures, not to dimin-
ish but increase the Tariff'. Of this committee, the present .Judge
Baldwin, then delegate from Pittsburgh, was Cliairman ; and his Tariff
of protection was strenuously supported by Mr. Rich, of Vermont. It is
curious to remark the gross ignorance of the plainest principles of politi-
cal economy prevalent among the advocates of the American .sjjslem, of
that day. The Tariff', it was said, was meant — to render us independent
of foreign nations — to keep gold and silver at home — to prevent a ruin-
ous balance of trade aganist us — to foster our national industry — to take
advantage of machinery — to protect establishments now in existence — to
provide a home market for the farmer's produce — to employ our idle
population. It would be a disgrace for any man of the present day to
attempt a refutation of absurdities so palpable ; so utterly void are they
of any reasonable iuffuence, except where self interest is blind to their
fallacy.
But the influence of the manufacturing monopolists carried with them the
northern majority in Congress, and the " American Sj/stem" was suj)ported
with the avowed intention of excluding every article of foreign produce or
manufacture that by the aid of protecting duties could be raised at home.
In 1824 another committee of manufactures was raised, of which Mr.
Todd was Chairman. The bill brought in by Mr. Todd was distinctly,
openly, expressly declared by him on the floor of Congress on the lOth
of February 1824, to be in no respect a revenue bill, but intended for the
purpose of checking and preventing all foreign importation that would
intei'fere with home production. In this year the TariflT on woollens was
raised nominally to 33, really to 38 per cent. The tide of protection
rolled on unchecked till, in 1828, the bill introduced by Mr. Mallory,
Chairman of the committee of manufactures, and passed by a northern
majority utterly regardless of the complaints and sufferings of the South,
gave rise to a determined opposition, in which South Carolina took the
risk and the lead. Wearied of unavailing remonstrance, in 1832 she
called a Convention of her people, and declared the Tariff' law unconsti-
tutional, null, and void. The result was, the existing compromise act
introduced by Mr. Clay.
During Mr. Canning's administration in England, Mr. Huskisson
brought forward Dr. Adam Smith's doctrine of free trade ; the principle
met with little or no opposition ; but the Government had to disentangle
gradually and cautiously the practical errors and mistakes of the pro-
tecting and prohibiting system for two centuries preceding, before it
could go into full operation. The admirable memorial of the Merchants
of Great Britain, April 20, 1820, in favour of Free Trade, was presen-
ted to Lord Liverpool, who expressed his •' entire" concurrence with
the principles advanced in it; and he did proceed as fast as circumstan-
ces would admit, to put Mr. Huskisson's views in force. Since that
time, much has been done in Great Britain in favor of free trade, and
much remains to be done. The hostility of the Landlord-aristocracy of that
country still defends with obstinate perseverance the corn-law system.
That system itself, with the hereditary legislation that defends it, is now
tottering on its base ; and in a few years will serve only as a character-
istic specimen of the power of prejudice, the wisdom of our ancestors,
and the patriotism of a house of Lords.
The example of enlightened Europe had no effect on the northern
majority in Congi-ess. That majority determined at all hazards to
206 STATUTES AT LARGE
Editor's fasten on the South the manufacturing monopoly called the "American
EMARKs. System'," and had it not been for the persevering opposition of South
Carolina, not merely by an appeal to facts and arguments altogether
irresistable, but by fearlessly and devotedly throwing herself alone into
the gulf of danger when coercion was insolently threatened, the South
would have been doomed to linger on to the present time, with this
canker worm preying on her vitals ; and even the half measured com-
promise of Mr. Clay, would not have been proposed. It is our duty to
be aware, that the foe is beaten off indeed, but not conquered. That
child of vindictive despotism, the Force Bill, is not yet repealed
by Congress. Tyranny and Selfishness never sleep ; and we are safe
only by cherishing among ourselves an unrelaxing military spirit, and
propagating among our citizens correct ideas on the all important science
of political economy. If we do this, our determinations may be taken
not boldly only, but understandingly. Mr. Clay's compromise will be
sustained by the north, if the north should deem it prudent to abide by
that agreement. Even though the prosperoiis state of the revenue,
should call aloud for its abolition. But had the late threatened war with
France taken place, the protecting and prohibitory Tariff would have
been resorted to, under the mask of a revenue measure, as a convenient
jneans of throwing the expense of northern losses on southern agricul-
ture ; and of grasping for the emolument of the north, the whole profit
of a protracted and enormous war expenditure. In fact, every known
government,) of all consumers the most reckless, extravagant, and waste-
ful) is desirous of raising as gi'eat an amount of taxation with as little
outcry as possible. Money gives patronage, and patronage gives
power. Eveiy Government, therefore, is in favour of Tariffs and
Custom house taxation ; because it enables them to blind the people,
not only by dextrouslj involving the tax with the price of the commodity,
but by raising up also an immense patronage of useless custom house
officers, whose salaries the people are duped to pay, as if they were
absolutely necessary to the support of society !
These proceedings of the northern majority in Congress, made a deep
and very unfavourable impression on the southern section of the Union.
An impression which unfortunately subsequent events have not tended
to efface. The claim was arrogated and distinctly set up on this occa-
sion, that a majority had a right to govern with absolute sway, on the
principle of general welfare, without being estoped by claim of right
on the part of the minority — that it belonged to a majority, as such, to decide
on the constitutional limits of entrusted powers, and to construe them
as might best suit the views of that majority, in respect to the General
Welfare — that the imposition of a Tarifl^" taxation bearing with almost
exclusive weight on the industry of the South, and the voting of enormous
sums for internal improvement, not sanctioned by any character of gene-
ral necessity or federal utility — were all of them subjects proper to be
submitted to the discretion of Congress, and within the uncontrouled
power of a majority in the legislature of the Union. These claims and
positions are still boldly persevered in ; and among northern Jurists are
fast assuming the aspect of settled doctrine. They must therefore at
all hazards be resisted. If the south be true to her own rights and her
own interests, those claims tvill he resisted, at all and every hazard. And
so have the people of South Carolina determined, and so have they
fearlessly acted, as the ensuing documents will fully show. The course
so honourably adopted for a dozen years past, in the state, must be
OF SOUTH CAROLINA, 207
persevered in, till the selfish tenets of political usurpation arc pros-
trate, to threaten us no more.
The great excitement produced in Soutli Carolina by the agitation of
these questions, that of the Tariff in particular, made all our citizens
political economists. But the events have passed away, the compromise
act has produced a quiescent state of public feeling, and the arguments
against a protecting and prohibitory tariff may, in a few years of apathy
and slumber, escape from public recollection. My firm persuasion is,
however, that occasions will occur, or be purposely introduced, within no
long period, again to propose a Tariff" actually of this character; and
plausible pretences for the purpose can easily be found. I deem it there-
fore not alien from the duty 1 have undertaken, to accompany the State
proceedings on the Tariff, with a brief summary of the principal argu-
ments by which such a Tarif!" may be fairly and effectually opposed,
■ should it be hereafter introduced.
These arguments relate Jlnt, to the unconstitutionality of a protecting
Tariff. Sccondlij, to the injustice of this measure. T/t ird 1 1/, to its inex-
pedience, on general principles applicable to all states of Society,
The Tarifts pro{)osed by Messrs. Baldwin, Todd and Mallory, were
openly and distinctly proposed, not as measures of Revetme, which Mr.
Todd declared was not needed, but as a system to protect domestic against
the competition of foreign industry. Yet on the face of them they are
Revenue Acts ! I see no const itntional objection to a Tariff" equally and
honestly imjiosed for mere purposes of revenue, and to supply the real
wants of the Treasury. But the political economists of Europe are now
settled in opinion, that of all modes of taxation it is the most objectiona-
ble ; and that the welfare of society requires every kind of taxation on the
introduction of foreign commodities to be repealed. Commerce is a labor-
saving machine ; it not only supplies from abroad those wants that we can-
not supply at home, but it supplies articles that are wanted, at a less ex-
pense, by bringing the commodities that are called for, from the places
where they are plentiful and cheap. It is this feature of Commeice that
affords the temptation to a Tariff. The welfare and happiness of every
community, dictates that the people should be permitted to lay out their
honest earnings wherever they can purchase to the best advantage : and
if they arc to be taxed, they should be enabled to see precisely how much
is exacted from them by Government, and for what public pui'pose. A
custom-house Tariff is purposely framed to conceal all this. The real
value of the commodity, the tax itself, the merchant's charge for the trou-
ble it occasions, and the interest on so much of his capital as the payment
of the tax requires, are all involved in one general sum constituting the
price of the commodity : and this price is augmented by the tarifi" taxa-
tion at 'every hand through which the commodity passes, from the first
wholesale importer to the last retailer, where the original tax is in many
cases doubled. This complication renders it almost impossible for the
consumer to ascertain how much is tax, and how much is price. The peo-
ple should remember, that all mystery is prima facie evidence of fraud :
a position which the experience of histoiy has taught us to regard as one
not now to be contested. The strong condemnation by Joseph Barlow
of the custom house system of indirect taxation, copied into 21 Niles' Re-
gister, p. 16o, is true in its utmost extent.
On the question of the unconstitutionality of the Tariff, two books of
authority arc necessary to be consulted. Viz, " Mr. Yates' account of the
" secret debates in the Conventian of 1787; to which is added the history
•* of the proceedings in the Convention, by Luther Martin, Delegate from
208 STATUTES AT LARGE
"Maryland, in a letter to his constituents." Also, " a journal of the acts
"and proceedings of the Convention which formed the Constitution of the
"United States, from May 14th to Sept. 17th 1787. Published by
" order of the President of the United States, in conformity to a reso^
"tion of Congi-ess of March 27, 1818."
First, then, as to the constitutionality of a protecting Tariff. If the
framers of our constitution, having the subject before them, refused to
sanction such a measure, or to give the power of imposing it to Congress,
the exercise of that power by Congress, is bold and fraudulent usurpa-
tion. I copy from a pamphlet published by the present Editor, at the
meeting of the Convention of South Carolina, at Columbia, in 1832,
entitled " Hints and Suggestions on the busines of the Convention,"
"And whereas, the United States by their representatives in CONVEN-
TION met, in the year 1787, to consider of those circumstances and in-
terests which alike concerned every State of the Union in its capacity as
an independent State ; to settle the terms of the compact under which
they should become an united community of Sovereign States ; and the
form of government which they should adopt for this purpose ; and to
appoint the vai'ious departments and description of officers by which that
government should be conducted; with the powers, authorities and juris-
dictions which they deemed necessary for this purpose ; conferring these
only, no other, and no more — performed this, by enacting the mutual
State compact, called the Constitution of the United States :
"The general government, therefore, as it is popularly termed, consisting
of the Legislative, Executive and Judicial departments of the United
States, with all the subordinate apparatus of Officers thereto belonging,
is an agency merely, created by the Convention of States in 1787 for
specific purposes of general policy, to execute specific trusts, and perform
specific duties and services, for which each member of each department
receives a specific compensation, as in case of all other Agents, whether
public or private : and for the purpose of enabling each Department to
perform the duties and execute the trusts required of them, certain de-
fined and specific powers, authorities and jurisdictions, are delegated,
within whose limits each department is strictly confined ; which is indeed
universally the case, with every agent of whatever description, to whom
powers and authorities are delegated by his principal, to enable him to
execute the trusts committed to him, and perform the duties required of
him. This universal Law of principal and agent, embraces the case be-
fore us.
" While the Agent keeps within the limits of the authority with which
he is invested by the instructions of his Principal, his acts are legal and
valid, and the piincipal is bound by them. If the Agent exceeds? the in-
structions of the Principal his acts are null and void, his Principal is not
bound by them, and may refuse to ratify them. In the present case, the
Principal consists of each separate State, that united to draw up the Do-
cument of Instructions called the Constitution ; the Agent, is the Gene-
ral Government, comprising the departments to which that Constitution
gave origin and authority.
" The Convention of States in 1787 having finished their labours, embo
died them in the Constitution of the United States. To that Constitution,
therefore, the People mu^t look, to know what is the form of their Gene-
ral Government, what are the several departments of that Government,
what powers, authorities, and jurisdictions are delegated to each Depart-
ment, what trusts are committed to and what duties and services are re-
OF SOUTH CAROLINA. 209
quireil from each de]mitmeiit. The very existence of the Government,
every tlei)nilineiit c()iii]irisc<l in it, and every officer helonfrin<r to it, de-
pends on tliat Constitution ; tlie powers, autliorities, and jurisdictions de-
legat(Hl to tliejn, are such, and sucli only, as are ])lainly ex])ressed in that
Constitution ; they have, and can liave, no other. What is not plainly
and ujuunbinuously delegated in that Constitution, is not delegated at all :
to claim it is usurpation ; to exercise it is Tyranny.
"The Constitution of the United States, and the Union, are one and the
same thing : what the Union is, can only he seen in the Constitution :
to support, protect, and defend the Constitution, is to sui)port, protect,
and defend the Union : to permit the wholesome limitations of the Con-
stitution to be broken in upon, or a power to be exercised under its
sanction which is not jdainly conferred by it, is to weaken the bond of
Union of these United States, to open the flood-gates of usuqiation, and
most culpably to stand by, inactive, wlnle the fences against Coxsolida-
TH>x, which our ancestors so anxiously built up, arc gradually broken
down. It is not by careless apathy, by reprehensible inactivity on the
part of the several States, that the Union is to be ])resen-ed. To pre-
sei've the Union in its purity and utility, we must with jealous eyes, and
anxious care, keep the Constitution of the United States, such as the
Convention left it, pure and undcfiled. We must do this, by persevering
remonstrance against usurpation in theory, and uncompromising resistance
to Tyranny in practice.
"And whereas a series of acts have been passed by Congress from the
year 1816 to the year 1832, inclusive, laying high and increasing duties
on the importation of manufactured goods from foreign parts, for the ex-
press and avowed purpose, not of raising a revenue to supply the wants
of the national treasury, but of enabling the domestic manufacturers of
similar articles, to command the monopoly of the home market, to compel
the consumers of such articles to purchase from the home manufacturer
at high prices what they could otherwise purchase from the foreign im-
porter much cheaper, and to enrich the manufacturei's at home, at the ex-
pense of all the other citizens of these United States, who are taxed and
rendered tributary to this manufacturing monopoly : thereby erecting in
the midst of this republican country of equal rights, a favoured and pri-
vileged class, for whose sake the commerce of the nation is burthened
and impeded ; the value of agricultural exports lessened ; the expences
of every citizen who needs manufactured articles of any kind, greatly
increased ; and the planting States impoverished, to swell the emolu-
ments of the manufacturing States, by a system of taxation, partial,
sectional, unjust, and to the State of South Carolina intolei'ably oppres-
sive.
"It becomes important, therefore, to ascertain whether the Constitution
of the United States has clearly and plainly conferred on Congress the
authority of enacting a Tariff of protection in favour of domestic manu-
factures, by means of duties on the importation of foreign manufactures,
expressly for this purpose, without reference to the wants of the treasury,
or the increase of the revenue. '
"On looking over that Constitution, there is no such power plainly
and expressly granted to Congress. Power is oiven to regulate Com-
merce. But Commerce is one object of legislation, INIanufacutures another,
and Agriculture another. Wheat and Rice, and Tobacco and Cotton, are
objects of Commerce ; does it follow that Congress has a right, because
they are so, to regulate agi'iculture as well as Commerce l
VOL. I.— 27.
210
STATUTES AT LARGE
Editor's
Remarks.
"Nor can it be said that the expediency of laying protecting duties, and
regulating manufactures as such, was not brought before the Convention
of 1787, which drew up and enacted the present Constitution of the United
States ; on the contrary, that Convention had this very subject repeated-
ly brought to their view; and if they have not plainly and clearly dele-
gated to Congress the power of protecting domestic manufactures, it is
because they did not think it right to do so ; but have given it under cer-
tain limitations, not to Congress, but to any State who shall apply for
leave to lay duties on imported manufactures.
"This appears by article 1st, section 10, paragraph 2, of the Constitu-
tion ; and is fully explained in p. 71 of the History of the proceedings of
the Convention, by Luther Martin, one of the Delegates to that Conven-
tion from Maryland, in ,his letter to the Speaker of the House of Dele-
gates of Maryland, published at the commencement of Mr. Yates' account
of the Secret debates in the Convention : by which it will appear, that
the power of protecting domestic manufactures could not be obtained for
Congress, or in any other manner provided for than apjiears in the refer-
ence above made.
"The President of the United States, in conformity to a Resolution of
Congress of March 27, 1818, caused to be published, " a Journal of the
acts and proceedings of the Convention which formed the Constitution of
the United States, from May 14 to Sept. 17, 1787."
"In that volume, the subject of imposts and duties on foreign importa-
tions, ap^iears to have been bi'ought before the Convention repeatedly, as
may be seen by refemng to pages 227, 294, 303, 3-59, 376, 380.
"On the 25th Aug, p. 294, the following proposition was referred to a
committee of a member from each State, viz : " all duties, imposts, exci-
ses, prohibitions, and restraints, laid or made by the Legislature of the
United States, shall be uniform and equal throughout the United States."
That committee did not report as to " prohibitions and restraints," and
the Constitution contains nothing on the subject.
"Aug. 18, p. 261. M(ition to " establish public institutions, rewards, and
immunities, for the promotion of agriculture, commerce, trades, and manu-
facturcsr Making the usual distinction between these separate objects
of legislation. The committee refused to I'eport in accordance with this
motion, and the constitution contains nothing in conformity with it, but the
power of granting patents.
"August 20th, p. 266. Tt was moved, that there should be "a Secretary
of domestic affairs, who shall be appointed by the President and hold his
office during pleasure. It shall be his duty to attend to matters of gene-
ral police, the state of agriculture and mamtfactirrcs, the opening of roads
and navigations, and facilitating communications through the United States;
and he shall from time to time recommend such measures and establish-
ments as may tend to promote those objects."
"This motion also was rejected, for no report is made thereon, and the
Constitution contains no provision in accordance with it.
"All these motions relating to import duties, to prohibitions and re-
straints on importation, to the protection, guardianship, and encouragement
of manufactures, must have brought the very point in question repeatedly
before the Convention. That Convention did not think it right to give
any power over manufactures to Congress, although so repeatedly urged
to confer such a power: they refused to confer it; and the Constitution
finally reported does not contain it.
'The Ijrief history and final result of all these attempts, is thus given
by Luther Martin, Delegate from Maryland. " By this same eection
OF SOUTH TAKOLIXA. ;jll
(art. ], sect 10. jiaragrapii 2,) every Stale is also ])i-oliil)ltc<l from laying
uriy imposts or dutie.s on imports oi" exports, vvitliout ])ermission of the
General Government. It was urged, that as almost all sources of taxa-
tion were given to Congress, it would he but reasonable to leave the
States the power of bringing reveime into their treasuries, by laying a
duty on exports if they should think projHM' ; whi(;h might be so light
as not to injure or discourage industry, and yet might be ])roductive of
considerable revenue ; also, that theie might be cases in which it would
be proper for the purpose of cnmuraghig Manufactums, to lay duties h)
proliibit the export of raw materials, and even in addition to the duties
laid by Congress on imjiorts for the sake of Rccenuc, to lay a duty to
discourage the importation of particular articles into a State, or to enable
the Maniifacturer here to supply us on as good terms as they could be ol)-
tained from a foreign market : however, the most we could obtain was,
that this power might be exercised hi/ the States by and with the consent
of Congress, and subject to its controul."
"This alhules to the following provision in the Constitution of the T'ni-
ted States, which may be produced as absolutely conclusive of the ques-
tion.
"If the framers of our Constitution did legislate at their meeting on
the subject of protecting duties in favor of home industry, and domestic
manufactures, then all the cpiestions and considerations which are plain-
ly and obviously connected with the subject, and which wouUl have oc-
curred to every body, must have occuri-ed to them : and if among the va-
rious regulations tliey had. to consider, they delilierately adopted one, and
enacted that alone, it follows that they deliberately rejected all the rest.
"By article first, section tenth, paragraph second, it is enacted, that iio
State shall without the consent of Congress, lay any duties on exports or im-
ports. Therefore, any state may lay such duties on exports or imports,
by applying to Congress for the consent of that body. The framers
of our Constitution, therefore, after deliberation, have allowed to the
states the power of laying protecting duties, if on the application of any
state for that purpose Congress should give its consent. This power of
laying protecting duties in the first instance, is not given to Congress ; it
is not to be fiiund among the enumerated or expressly delegated powers
sanctioned by the Convention. In debating this question, it invst have oc-
curred to the Convention, " shall we give this power to Congress, or shall
we give it to the States ?" They rejected it as to Congress, and they gave
it to the States, under the limitations of the paragraph above cjuoted.
How then can Congress claim it for itself? Why do not the States that
advocate a protecting Tariff, ajrjdy to Congress for permission to lay duties
on imports, and try the experiment among themselves, at their own risk,
and not at the risk of those States that object to a Tariff? Because the
manufacturing monopoly states are enriched by taxing the south, and
Avould be impoverished by taxing themselves. Fraud and usui-pation
form the basis of the whole protecting system. The Tariff states know
this, and Congress knows it. But a northern majority having succeeded
in imposing a tribute on southern industry, for the benefit of the north,
will never give u]) their claim to this tribute, while they can command
a Coiifrress-niajority to support it. They apply triumphantly their favor-
ite maxim, that the power of a majority is uncontrolable, and the mino-
rity must submit to it.
"Hence it appears, that the convention refused to confer this power m
any other manner, than on such individual States as might chose to ap-
212 STATUTES AT LARGE
ply for licence to exercise it within their own boundary. A licence, to
which this present Convention has no objection whatever, provided the
states who appiovc ot" the protecting policy, will be content to a]:)ply it
to their own importations, witliout forcing those states to follow their
example, who disapprove of that policy.
"From this undeniable appeal to facts, and historical documents of
acknowledged authority, it appears beyond all reasonable doubt:
"1. That proposals to confer on the Legislature of the Union the pow-
er of laying duties on foreign importation with a view, of protecting do-
mestic manufactures, were repeatedly within the purvie\v of the Con-
vention of 1787.
"2. That all these proposals were rejected, inasmuch as no committee
appears at any time to have reported in favour of this policy : and the
Constitution finally proposed and adopted, contains no such power con-
ferred on Congress.
"3. That the Convention left it to be put in force by any individual
state who might think lit to apply for a licence to do so, provided the
proceeds of the duty were paid into the Revenue fund of the Treasury
of the United States.
"4. That no object or purpose in laying duties on imported goods, is
sanctioned by that Convention or the Constitution they enacted, but the
Revenue necessary to pay the debts of the Union, and defray the neces-
sary expences of the Grovernrnent.
"5. That the laws from time to time enacted by Congress fiom
1816 inclusive to the present time, imposing duties on the importation of
manufactured articles from foreign parts, with a view of protecting and
fostering the manufacture of similar articles at home, are laws not autho-
rized by the Constitution of the United States ; and Congress, in passing
them, has exceeded the authority conferred on that body by the Consti-
tution. These laws, therefore, enacted by void and incompetent au-
thority, are acts of usurpation ; and not being santioned by the Consti-
tution, are not entitled to the respect and obedience of the citizens of
the United States.
"6. All powers not specifically enumerated and expressly delegated
to Congress, belong not to Congress, but ai'e reserved to the states. The
power of laying a protecting or prohibitory Tariff, or any other tax not
Ideally and honestly intended for the purposes of Revenue, is no where
to be found among the enumerated and expressly delegated powers
conferred upon Congress. It is therefore among the reserved powers of
the states, and belongs not to Congress.
"The Legislature of South Carolina, obsen'ing the despotic career that
the Congress of the United States seemed bent on pui'suing in this re-
spect, and deeply feeling the oppressive and injurious operation of the
Tariff laws thus enacted, on the prosperity of our own State — in confor-
mity to their oath to protect and support the Constitution of the United
States, have, at various times, particularly from the year 1823-1S24, pro-
tested, remonstrated, and memorialized Congress, in the most earnest
and respectful manner, to desist from a system of taxation whose mani-
fest operation was to render the agricultural States of the South the mere
Colonies and Tributai'ies of the Manufacturing States north of the Po-
tomac— to place the construction of the Constitution exclusively in the
power of a Congress-majority — to prostrate all the fences by which the
constitutional rights of a minority were protected — to set at defiance all
opposition to constitutional usurpation — to annihilate all the reserved
OF SOUTH CAROLINA. 213
vl<vlits of tho States, and convert this CJovcinmcnt into one consolidated
despotism; as indeed the case now is."
Scrundfi/, As to the if/. jus/ ice oi' a })rotccting Tarifl" ; l)y which the con-
sumer is compeUed, under the ])retence of" creneral welfare, to p;iy ahij(her
j)rice for tlu; same article to a manufactuier at home, then he can j)urchase
it for from a manufacture)' abroad. This is manifestly taxing one class of
cifi/ens for the emolument of another. It is a tribute ; for the citizen
thus taxed, receives no equivalent ; nor does this tax go into the treasu-
ry, for the consumer generally purchases in preference the domestic arti-
cle ; and the tax is in fact paid to the manufacturer as part of the price
of the article sold. The reveiuie receives no part of the duty where the
foreign article is not purchased. Such a Tariff of protection operates, and
was meant to operate, as a tax levied on the European importations of the
South, for the benefit of Northern manufacturing speculators ; whose
speculations would not yield the usual profit if the monopoly was not sus-
tained" by thus taxing the South. About two-thii'ds of our whole export
consists of articles the production of southern industry. No wonder the
towns and cities of the North are so supciior in wealth and embellish-
ment to those of the South, for, it is the money of the South in factor-
age, agency, and tributary taxation, that pays for this superiority. The
South is a sponge, collecting wealth by her planting industry, and when
full, squeezed for the benefit of the North : the majority in Congress is
the screw press, employed for the pur])ose. It is not true that we discour-
age American industry by laying out our money to more advantage with
foreigners, than by expending it at home. If I offer for sale to a for-
eigner, a bushel of wheat, a hat, a quantity of tobacco, rice, or cotton,
eacli worth a dollar — or a silver dollar, which I have already purchased
in Mexico for some article of North-American produce — and the foreign-
er pays me an equivalent, in some article that I stand in need of; he en-
courages my industry, exactly as much as I encourage his. He buys a
dollar's worth of labor from me, and I buy as much from him.
What can be more unjust in a govermnent professing equality, than
giving a monopoly of the home market to one part of the community, by
])reventing and prohibiting another portion of the citizens from laying out
their earnings to more advantage elsewhere 1 Doing this, undei' a penal-
ty, levied in the form of a tax on every foreign commodity ? The manu-
facturers are few ; one in one hundred thousand at the most ; the con-
sumers are many. The manufacturers are a class, the consumers are the
nation. The protecting duty creates a monopoly in favor of the few, at
the expense of the many. Nor, in fact, is the impost so laid, a iax devo-
ted to the treasury and applied to the wants of the whole countiy : the
revenue is not benefited one cent by the extra price paid by the consu-
mer to the manufacturer. It is not a tax, for the treasury does not re-
ceive it ; it is a tribute, levied on the industry of the South to increase
the gains and emoluments of the North. A tribute it is, for the South
receives no equivalent in return.
For the purpose of defending this measure, it became necessary
to advance the princij^le that every government is, and of necessity
must be, f/zc gnrernmcnt of the majority. That the majority had the
exclusive light of judging of the general welfare, and of giving its
own ciuistruction to the Constitution. The rights of the minority and
the limitations of power prescribed by the Constitution, were, by
this ])retension, annihilated. An absolute despotism was thus intro-
duced; and even to this day, (183G,) continues, to which the minority
is compelled to submit ; the smaller body is overwhelmed ; it is voted
214 STATUTES AT LARGE
down ; its voice is disregarded ; its rights and claims are trampled on j
and as the majority of congressional votes belonged, and still belongs, to
the states who claim the right of imposing protecting duties, that is, the
northern section of the Union, the South was doomed to be their colo-
nists and their tributaries. South Carolina first felt the gioss injustice of
this state of things, and while other states of the South were content
with using remonstrance and complaint, she alone openly resisted this
organized plan of robbery ; she alone revolted from this depotism of a
Congress-majority, and refused obedience to a system of laws passed in
open defiance of the Constitution. Hence arose the series of proceedings
now about to be recorded, which form the most prominent, as well as the
most honorable part, of the legislative history of South Carolina,
Nor is it true that this Tariff protection of home manufacture can be de-
fended under the power given to regulate commerce. Commerce is the in-
tercourse of exchange between foreign nations. The sole object of the
Tariff' of protection, is to guard the home producer against this intei'course
of exchange; to prohibit and annihilate Commerce, lest the cheap article
imported should interfere with the dear article produced at home. Can'
you annihilate and destroy Commerce under the pretence of regulating it]
The object of every reasonable regulation is to foster and extend on fair
principles of mutual reciprocity. The object of this Tariff^ is not Com-
merce at all ; it is manufactures that are to be regulated. Commerce
stands in the way of a monopoly profit, and is therefore to be swept away ;
we are to adopt the Chinese policy of insulation, and are driven by regu-
lation from every market but the worst.
Tldrdhj, a prohibitory and protecting Tariff", is also, at all times and
eveiy where, on general prmciples, as unwise and inexpedient, as in the
present case it is unconstitutional and unjust.
For, the universal expei'ience of prudent people teaches them to buy
what they stand in need of, at the best market and at the cheapest rate. —
The less amount of a man's labour he gives for the aiticles he wishes to
purchase, the more remains to be laid out in other articles he may want. —
If I can procure an article from a foreigner for one day's labour, and my
next door neighbour asks two day's labour for an article of the same kind
and cjuality, is it not manifest that I am robbed of one day's labour, if I am
compelled to buy of my next neighbor instead of the foreigner \ Is it the
way to enrich a community, to compel every consumer to pay two prices,
to a domestic manufacturer, instead of one price to ?i. foreign manufacturer ?
It is paying, not for a thing, but a name. This may enable the home man-
ufacturer to obtain a reasonable profit on an article that he would othei'-
wise lose by, and which he ought to have let alone ; but it is not a suffi-
cient reason why I should be compelled out of my own earnings to make
his losing concern a gaining one. This is not all : suppose ten neighbours
have a dollar and a half each to lay out with each other, and each wants
an article that they can import for a dollar, but a protecting tariff" compels
them to pay a dollar and a half for it to the home manufacturer — is it not
manifest, that five dollars surplus, which might have been laid out with
each other, are abstracted from their pockets and forced into the pocket of
the protected favourite ? So that the evil does not fall exclusively on the
individual purchaser, but on some of his neighbours also, with whom he
might have laid out the half dollar of which he is thus legally robbed.
What words can add force to the axiom, that it is the interest of every
one to resort to that mai'ket where he can be supplied best and cheapest %
This is the dictate of unifonn experience and common sense. A protect-
ing tariff" says no ; it is the interest of the whole community that each pur-
OF SOUTH CAROLINA. 215
V^-Y-O
chnsei- slioukl l)e confined to tliat market, where iiif(;rior c^oocls arc sold at F-ditor's
the higliest pi-ices. Let me liave clioiee of markets, says tlie ])urcliaser, '^'^"'*"ks.
that .1 may Hijd out where 1 can be best suited : no, says tlie Tariti" Law,
you sliall have but one market, tlic maiket at home. For what reason do
you lay this restriction, says the purchaser 'i Because, says the legislator,
our man lives on our side of the river, and you have no light to lay out
your money with one who lives on the other side. Is this the dictate of
common sense '? Yet such is the wisdom of what is called the Jrncr/rrin
System, which woidd be equally applicable to the prudence of making Ma-
deira wine from hot-house grapes in the province of Maine. It is most
melancholy to reflect, that the strong and cultivated intellect of the repre-
sentatives of the noi'th eastern states, should be selfishly employed in de-
fending paradoxes so completely discarded throughout the whole of en-
lightened Europe : and they know it to be so.
Moreover, the bond that is destined to unite in one system of peaceable
intercourse the whole family of Man, is Commerce. Commerce founded
on the mutual su})ply of mutual wants, and the mutual communication of
useful customs, usages, discoveries and improvements. Commerce that
teaches us to promote the welfare and prosperity of every nation \vith
whom we interchange commodities, because the greater their welfare and
prosjierity, the more valuable are they to us, as friends and customers. —
Wealth is not to be acquii'ed by dealing with a population that cannot af-
ford to purchase, and has nodiing to sell ; or by making war upon our cus-
tomers, destroying their resources, annihilating their means of interchange,
and inducing general distress and national poverty. No; the motto of
Commerce is, peace on earth and good will toward man. AVe do not
gather grapes from thorns, or figs from thistles, or wealth from poveity. —
The merchant knows this.
The very essence, the basis on which all commerce is built, is the intro-
duction of commodities that are wanted, from j^larcs ichere they are cJieap
and plentiful, into places where they are scarce and dear; thus equalizing
the productions of various climates, and meeting every want, with its ap-
propriate supply, at a reasonable expense.
The very essence, the basis on which a prohibiting and protecting Tar-
iff'is built, is, to forbid the introduction of foreign commodities, hccaiise
they are cJteap. To protect all home consumption, that cannot stand against
foreign competition without such protection, and to compel the home con-
sumer to waste his labour and his earnings in purchasing at exorbitant
prices from the home producer, what commerce could supply at a cheap
and reasonable rate. A protecting Tariff' and foreign Commerce are Anti-
podes to each other. You cannot cherish both of them. Commerce fur-
nishes the consumer with a j)lentiful and cheap market, and variety of
choice. A Tariff presents for our approbation an extravagant maj-ket of
limited supply. Commerce diminishes your purse as little as possible ; a
Tariff' of prohibition and protection, as much as possible. Commerce fur-
nishes an equivalent for the price demanded ; a Tariff" swallows up your
earnings without gi\"ing an ecjuivalent. Commerce supplies you with the
market of the world ; a Tariff" confines you to the moTiopoly market at
home.
But it is said we protect an infant manufactui'e that ])romises great future
importance when the protecting duty may be removed — a period that is co-
eval Avith the Greek calends. When, and where, did a manufacturer ever
allo^v that a protecting duty was no longer necessary l Surely not in the
United States. Look at the history of the Tariff" of ISIG. These hot-bed
productions are not calculated for peiTnanent maturity, if the protection be
216 STATUTES AT LARGE
withdrawn. Of promises and prophecies the manufacturer will furnish g
]ilentiful supply ; but no manufacture ever succeeded by means of a Tariff,
that might not have succeeded without it. Nor have we a right to compel
the present generation to pay for the expectations, as yet unrealized, of a
distant posterity. We impose a tax in support of our own credulity.
Hence it is manifest, that exactly in proportion as we throw obstacles
in the way of introducing foreign commodities, we destroy commerce.
In the same proportion exactly, we discourage and repress the produc-
tion of all those commodities, the produce of domestic industry, which
furnish the materials of Export ; for if we discourage and repress Im-
portation, we need noi export what foreigners cannot pay for. Commerce
is the mutual intei change of commodities : labour for labour; and if
we refuse to buy from the foreigner, the foreigner will refuse to buy
from us. The Ameiican system is acknowledged and avowed by its
advocates, to embrace every ^lossible production that can be raised or
manufactured at home. Hence it contemplates the gradual exclusion of
every imported commodity, and the total annihilation of all commerce ;
destioying at one fell sweep, the whole domestic industry of export,
every vessel employed in exportation, every sailor hired to navigate our
mercantile navy, and every trade, and every workman, to whom that
navy gives employment. And this is called protecting domestic indus-
try! The infatuation of the merchants on this question, (Boston excepted,)
has excited the utmost astonishment ; for they have tamely witnessed the
progress of a plan that contemplates their utter destruction. But the
determination to latike the South the colonist and tributary of the
North, has been pursued with an insane perseverance, that is not even
yet extinct. And if it has not yet fully succeeded, to the bold and
strenuous opposition of South Carolina alone, must that Avant of success
be imputed. The nullification of the Force-Bill, has placed that state
on a proud jare-eminence.
Many other considerations and arguments bearing against the policy
of a protecting Tariff, v/ill be found in the series of records which this
brief essay is intended to introduce and illustrate. The editor is of
opinion, that if they ai'e carefully perused, the reader will come to the
same conclusion, that Joel Barlow first suggested, Avhich Dr. Channing
has lately avowed, and the European Economists now advocate, that all
mysterious and concealed taxation is a disgi'ace to the Govermnent that
employs it, and to the nation that pennits it. That every Tariff is
essentially founded on deception, and every custom house a proof of
ignorance in the people, and their willingTiess to be duped and cheated.
Nor can Liberty be expected to flourish in that community, which
encourages the government in exclaiming Siipopulus xidt dccipi dccipiatur.
If commerce with a part of the world is desirable, commerce with
the whole world is more so. Raise your taxes within yourselves, and the
cheapness of every article your merchants can supply, will remunerate
you ten times over. What right have you to expect honesty in your
public servants in other particulars, when you encourage them in the
dishonesty of Tariff taxation ? Commerce flourishes by extending the
blessings of mutual intercourse — not by contriving how we shall most
effectually defalcate our neighbour's gains. The abolition of all duties on
import, is an event, in the opinion of the Editor, fervently and devoutly
to be wished : an opinion which he is well persuaded is the prevailing
sentiment at this moment, of every political economist throughout Great
Britain, where that science is more profoundly, more extensively, and
more successfully cultivated than elsewhere. We are beginning to see
OF SOUTH CAROLINA. 217
Kk.marks.
the atlvantaffo in our own country of moviniT in tlic same useful nnd Kditor'h
lionourahle course of investigation.
There are certain phriises used in tlie.sc documents, then, and ncjw, well
understood, whose meaninu^ time may render ambiguous.
Ci)>is(}Udation. The merging and absorhing the sej)arale State fJovern-
ments into one great, central, indivisible, national Uoveniment; as
emanating from the whole people : in contradistinct\,on to our present
federal go\ernment of United States. This seems to have been the
aim of many politicians anK)ng us, about the time of the Convention in
17S7. They were defeated in the Convention by their opponents of
the states ox federal party. The fiiends of consolidation were national-
ists. After the publication of the work called the " Federalist," the joint
production of Messrs. Madison, Hamilton, and Jay, the national party
assumed the name of Federalists ; by which they were afterwards desig-
nated in party warfare, until the accession of General Jackson ; since
that time, names and ])aities have been strangely intenningled, modified,
and confused. The object of the modern Federal (or national) party, was a'
single government, with full power of controul over the separate states, and
the people, with great revenues, extensive patronage, and an imposing
character of po\ver and resources in the eyes of Europe. To effect this,
the central government at Washington must be considered as the national
government, ])aramount, predominant, and uncontroulable; the states must
be sunk into municipalities, and the constitution of 17S7 explained away
by construction and implication, or boldly set at nought by open usurpa-
tion. All these means and measures have been resorted to ; and in fact,
they form the subjects of remonstrance and complaint in the documents
that follow. Many good and able men have arranged tliemselves on each
side of this great party disiinction. But a Carolinian must stand by the
doctrines and decisions of his own State, as the legislatures and conven-
tions have deliberately propounded them.
States-Rights : not state rights, which are the riglits appertaining to a
particular State. States-Rights, are — 1. The rights of Sovereignty and
Independence ; see "Federalist" Nos. 28, 31 — the rights appertaining to the
confederated States of the American Union, as sovereign and independent
communities, and Avhich liave never been conceded by those States to Con-
gress. Congress, under the constitution of 1787, and its amendments, can
exercise no rights or powers, but such as are exjiressly enumerated and
delegated, or that necessarily and unavoidably flow from those that are.
Every other right and power is reserved by, and remains vested in
the States ; to be delegated or not, hereafter, as the states may see fit.
The attempt of the now-called federal party, from the time of Alexan-
der Hamilton, to the present day ; an attempt that began in the Conven-
tion, and is now the prevailing aim of the controuling majority, was to
establish a gi'eat central Government, in which the separate States should
be merged as subordinate municipalities. A Government, not consisting
of confederated, independent, and Sovereign States, but of an indivisible
consolidated character, to which the several states owe allegiance and sub-
mission. Hence the denial of the right of Secession, and the attempt to
coeice by force, our own State of South Carolina.
The powers actually conferred on Congress are to be found enumera-
ted in, and delegated by, the constitution: the reserved rights of the
States are not to be sought for in that instrument, because they are reser-
ved out of it. See the 11th and 12th amendments to the constitution.
Nullification. To nullify : to annul : to make void.
The Kentucky resolutions, (on the Alien and Sedition Laws,) of Thurs-
VOL. I.— 28.
218 ' STATUTES AT LARGE
(lay, November 14, 1799, now known to have been drawn up by Thomas
Jefterson, as appears by the letter of Warren Davis, Esq. Richmond,
March Sth, 1832, in the Richmond Enquirer of March 18, republished
in a collection of documents, by Jonathan Elhot, of Washington — contains
the following passage, viz :
That if those toho (uhmnlstcr the General Government, he permitted to
transgress the limits fixed by that compact, (the Constitution) hy a total
disregard to the special delegations of poiver therein contained, an annihila-
tion of the State governments, and a creation upon their ruins, of a general
amsolidated government, will he the inevitahle consequence.
That the principle and construction contended for, hy sundry of the State
legislatures, that the general government is the exclusive judge of the extent
of the piou-ers delegated to it, stops nothing short of T)^svoTiiiM; since the
discretion of fJtosc who administer the government, and not the constitution,
would he the measure of their powers.
That the several States who formed that instrument, heing sovereign an/d
independent, have the unquestionahle right to judge of the infraction: and
that a Nullification hy those sovereignties, of all unauthorized acts done
under colout of that instrument , is the rightful remedy.
This is in full confoimity to the doctrine laid down in the Federal-
ist, Nos. 28, 78 : to the third resolution of the Virginia Legislature, on
the Alien and Sedition Laws, drawn up by Mr. Madison, January 21,
1798 ; to the opinions of Chief Justice Parsons, of Massachusetts,
Gov. McKean, and Chief Justice Tighlman, in the case of Olmstead ;
and to the decisive assemblage of precedents and opinions, collected
in the genuine hook of Nullification, hy Hamfden : (Mr. Cruger) Charleston,
1831. That book shews beyond all contradiction, that the remedy
of nullification against the usurpations of Congress, has been adopted and
practiced, openly, avoAvedly, decidedly, undeniably, by Maine, Mas-
sachusetts, Connecticut, Pennsylvania, Ohio, Georgia, Alabama, as
well as by South Carolina. So that it is veiy difficult to account for the
present outcry against that doctrine from any motives of fact, argu-
ment, or honest intention. That it should be regarded as rank heresy,
by an encroaching Congress, and a despotic administration, is natural
and desirable. I refer to that book of Mr. Cruger, as absolutely
unanswerable.
Nvdlilication is a term well known in English Jiu'isprudence ; it is a
subject that occupies a great part of a volume, in Bentham's treatise on
Judicial evidence ; nor indeed, could better authority be produced in its
favour, than Mr. Jefferson's own.
A nvllifier is of opinion, that any and every laio passed hy competent
authority, whether it he wise or unwise, ought to he oheyed. That any and
every law passed, hy incompetent authority, he it wise or unwise, is null and
void ; and ought 7iot to he oheyed. It is every man^s duty not to encourage
and. connive at, hut resist usurjjation.
The legislative, executive, and judicial departments of our federal
government, constitute a corporation. They are agencies, appointed to
put in execution the fonn of government, devised by the convention,
and delineated in the constitution. The powers, authorities, and juris-
dictions they are entitled to execute, are such as the constitution confers on
them, and no other. By that instrument, they were created ; by that
instrument, they are limited ; and beyond it they are not known.
The universal law of all Mandates, Commissions, Powers, and.
Authorities, given or committed by a Principal to an Agent, is, that all
acts done by the Agent, conformably to the powei's entrusted to him in
OF SOUTH CAROLINA. 219
Ins commission, arc valid and binding on his J*riuci])al : all acts done by
the Ao-ant nut; authorized by the commission under which he acts, are
null and void. Thus, by the civil law as laid down in Justinian's
Institutes, an elementary work, Lib. 3, tit. 27, sect. 8, Dc crccutionr Man-
ddti, " He who executes a commission must not exceed the l)()undH
*' thereof. Thus, if a person should commission you to purchase lands,
*' or become security for Tit'nt.s, to the amount of a hundred pieces of
" gold, you may not become bound for a greater sum, or purchase; the
" lands at a higher price."
To like purpose the Civil Law in Dig. 17, 1, 5, 2. So in the English
and our own law, "an agent constituted with limited and circumscribed
powers, cannot bind the principal by any act in which he exceeds his au-
thority." See Livermore on Agency, v. i, p. 108, 3 Term Rep. 757. 1 Espin.
Rep. Ill, 5 Term Rep. 567. Nor does the Law allow of hnplkatUm or
Construction, 5 Johnson's N. Y. Rep. 58. " By the court: the plaintiff was
*'not to know or infer any authority beyond what was given : and if the
"atrent exceed that authority, his principals are not bound. A power to
■"sell, does not of itself convey a power to warrant the title."
The principle of decision is the same, whether the object be gi-eat or
small, of more or less moment or value. The rights and powers delega-
ted to the Congress of the TJuited States, are rights and powers not de-
tluced from construction or implication, but enumerated rights. Such is
the expression in the ilth amendment. The 12th amendment declares
that these rights and powers are delegated ; and that such as are not enu-
merated and delegated, still belong to the states, or the people, and are re-
served, not surrendered.
The delegation of rights and powers to act in some certain manner, for
some certain purpose, constitutes an Agency [Mandatum.) The Dele-
gator is the principal {Mandator :) the person to whom the delegation is
made, is the Mandatory. There exists no other description or definition
of Principal and Agent. By the universal Law of Principal and Agent,
every act of Congress which is not clearhj authonzed by the Constitu-
tion, which alone jjoints out and contains the enumerated and delegated
powers, is of itself an Ipso facto, null and void ; not binding on the prin-
cipals or any of them. If theie be any such thing as legal ])rincipal in
force any where, this position is universal and undeniable. Who are the
Principals % The States who created the Convention ; who created each
and every department of the federal government, describing and limiting
their duties and powei's, and who may disorganize and destroy, or alter
and modify the federal government by any new Convention. To nullify,
then, is a mere declaration of a legal fact: it is a refusal to confirm the un-
authorised act of an agent who has exceeded his power and commission.
It is a refusal to obey a law which is in itself no law, but null and void,
because it is not based upon any constitutional authority. The oath to
support the Constitution, binds us to obey and confirm what is done or
enacted agreeably to its tenor and jurisdiction ; and it equally binds us to
refuse obedience to what is not done or enacted within its tenor and jui-is^
diction ; otherwise we sanction usurpation. Nor can the reserved rights
claimed by any individual state, be submitted to the decisions of the Su-
preme Court of t/te United' States.
" First. Because it has no power but what is given to it by the second
section of the third act of the Constitution, which does not contain the
power of deciding a question of jurisdiction, or of State Sovereignty, or
any other <juestion, icherc a State and the United States are the eunicndlng
parties : none such is there enumerated
220 STATUTES AT LARGE
" Secondly. No Sovereign power can submit the question of its own
Sovereignty to a delegjited, derivative, subordinate court, instituted to de-
cide municipal questions. No principal can permit liis agent to decide
whether he is principal or not. No tenant can impeach his Landlord's
title.
" Thirdli). No party can bo compelled to submit a question to a tribu-
nal nominated and appointed by the other party ; and where some of the
iudges have already decided the question before it can come before them.
This is the case with Judge Johnson and Judge J3aldwin.
" Fourthly . The fraud of Congress in the caption of the law, prevents
the question of constitutionality from coming before the court. The law
of 1S24, (as well as that of 1828) appears on the face of it as a revenue
law, when it is in reality a law intended solely to protect manufacturers,
and was not intended for revenue. Mr. Todd, afterwards Chaii-man of
the Committee of manufactures, in arguing in favor of the Tarifi', on Feb,
10, 1824, said, "they cry, you cut off importation — you ruin trade! Avhy,
" this is the very object of the Tariff: to check the importation of foreign
" goods, and give the manufacture of the articles now imported, to our
" own workmen:" on another occasion, as Chairman of the Committee,
he declared openly in the House of Representatives, that the revenue
needed no addition, for there was a surplus of 9 millions in the treasury,
and the law he proposed (and which was afterwards carried) was solely
intended to give the manufacturer the monopoly of the home market
for articles now imported. None of this can be stated or appear Ijefbre
the federal judiciary. They profess to decide only on the face of the
record.
" Fifthly. The federal judiciary was appointed to decide suits in law
and equity — civil and mimicipal, not politictM, questions, or difficulties
relating to State Sovereignties. These high questions must be decided,
by the several States, and the United States, for themselves, and by them-
selves, not by a court consisting of technical lawyers : unless a Conven-
tion be called,
" Sixthly. This is a question whether the right claimed by Congress is
one of the enumerated or the reserved rights : can we submit a' i-eserved
right to this subordinate tribunal % They belong to ourselves to decide
on, and no one else, at our own risk : unless a Convention of the States
be determined on to say whether Congress has this contested power of
laying protecting duties in favor of home monopolists. Let such a Con-
vention be called as it ought to be, and we shall be contented. We ask
for that tribunal, and will submit to no other, for it is the constitutional
mode of deciding this question. The Constitution embraces and enume-
rates not one of our reserved rights : how then cin the derivative- subor-
dinate agent, the creatuj-e of the Constitution, decide a question with
which the Constitution has nothing to do ?"
Nor can Congress give any power to the federal judiciary (as it has
attempted to do by the 25th clause of the Judiciary Act) but what is enu-
merated in the Constitution where this agency is erected, to wit. Art. 3,
Sect. 2. It is impossible to get over the reasoning of Warren Davis, in
his able report on this subject. The power of the federal judiciary is
derived, not from the act of Congi-ess, but from the Constitution ; an act
of Congress cannot confer what the Constitution has refused. See the
case of Harcourt v. Fox, in Showers' Reports.
If a series of usurpations all tending to convert a confederated into a
consolidated Government, and to destroy the sovereignty and indepen-
dence of the separate States, should threaten success, it will become the
OF SOUTH CAROLINA. 221
interest and the duty of any State, after ineHeclual remonstrance to tlie F-ditor's
1 ^ J. O r->/ 1 I ■> I \ !,•' £• I T • .1 ..I KkMAKKS.
general govornnieiit, to bIt.CrjI)l*j ivoui an Unnni thus ])eiverte(l. v^^^/-^^
The right of secession is so well argued V)y Judge Tucker of Virginia,
in liis notes to Blackstone's Commentaries, Vol. 1, that it suHlces to refer
to that well kno\vn publication. In fact, our own revolution can he no
otherwise defended. But it seems to be the doctrine of the present ad-
ministration, that secession is to be prevented by cob] RCION. Force
and Violence, War and Punishment, are now the favorite instruments for
convincing the understanding, where a State presumes to doubt the con-
stitutionality of the acts of the Goverinnent at Washington. South Caro-
lina by nullifying that legislative infamy, the Force Bili-, has made her
reply to this most insolent threat.
On this subject of coercion, I refer the reader to the Speech of that
able man, Rohcrt J. TiirnhuU, at Charleston, on the 4th July, 1831, page
49. He there shows from the Journal of the Convention, that an attempt
was made, first by Governor Randolph, and afterwards by Mr. Patterson,
(.Tourn. GS, 126) to enable Congress or the Federal Executive, to call
forth the force of the Union against any State opposing an act of Con-
gress. This pj'oposal was promptly rejected, and never afterwards re-
newed. The remedy left to Congress is the constitutional call of a Con-
vention, to which South Carolina would readily accede. AVe seek no
hostilities. If our o]iponcnts f(n-ce them upon us, the resulting evils
must be imputed to themselves alone,
Ai.LEGiA.vcK : Is the paramount submission due by the citizen to the
Constitution and Government of the State to which he belongs. In this
country we have a double government, viz : that of the State, and that of
the United States. The latter is subsequent in point of time; derivative
and subordinate in its creation and character; and limited in its objects
and its authority. It was created by the existing separate States, for spe-
cial purposes of foreign, not of domestic relations, and with confined and
special powers adapted to those purposes. It has a controuling jjower, so
far as the confederated states have chosen to confer that power, and no
farther. All the powers conferred on it, can be modified or repealed by
any future Convention of the States. It is manifestly an agency, appoint-
ed to put in execution the limited authority conferi-ed on it by the Consti-
tution ; no other and no more. To this derivative, limited and subordinate
government, the citizens of the various States owe obedience, because their
own state, as party to this confederation, enjoins it : but allegiance is a
term applicable only to that submission which we owe to our own Sove-
reign State ; which was such before the federal government was created;
which is so still; and which \\\\\ be such when the federal goverimient is
altered or dissolved.
This is undoubtedly the doctrine of South Carolina, distinctly expressed
in the Ordinance of the Convention nullifying the Force Bilh It is cor-
roborated by the two acts of 1777 and 1778, enforcing an oath of allegi-
ance and fidelity, already inserted. The opinion delivered by the majo-
rity of the Bench of the Court of Appeals, \nfhe State ex relatione McCrea-
dy V. Hunt, and ct relatione Daniell r. Mc Mec/xm, 2 Hill's Rej). 1, did not
meet with the approbation of the great majority of the citizens of South
Carolina. The public dissatisfaction produced a re-organization of the
Court of Appeals in the Session of the Legislature of Decembei", 1835. —
The construction deliberately given in several reported cases* to the Uni-
*The decisions nnd dicta of the Supreme Court of the Ignited States that countenance the
doctrine of consolidation,are (inter alia) Martin v. Hunter's Lessee, 1 Wheat. 3"21: McCulloch
V. Maryland, 4 Wheat. 403 : Anderson v. Dunn, 6 Wheat. 225.
222 STATUTES AT LARGE
ted States' Constitution, by the decisions of the federal judiciary, adopted
and sedulously dispersed by the various commentaries of Judge Story,
and the northern Jurists generally, lead so directly to the con-
solidation of our federative into a great central gov(;mmei)t, one and indivis-
ible— in all respects of paramount authority — to ^vhicll the sovei'eignty and
independence of the individual states must give way as subordinate insti-
tutions— that the liberties of the people have been, and still are in mani-
fest danger ; and we are placed by this combination of northern authorities
on the direct road of Despotism.
The reason is manifest. These northern doctrines lead to the omnipo-
tence of a federal majority, by which the rights of a minoiity are constru-
ed away whenever it suits that majority to adopt their own convenient
construction : and that majority has been, is, and is likely to be for years
to come, a northern majorkj/. If a citizen of this State be asked, "are you
an American ?" His reply ought to be, "Sir, I am a South Carolinian."
The 2^oicer of a majority. The northern doctrine is, that from the very
nature of all government, the will of the majority must be regarded as pre-
dominant. For it is absurd to say that we must be governed by the will
of a minority.
The reply is, that the confederated States have not agreed to be govern-
ed by an uncontrolable majoiity ; they are to be governed according to
the terms of their common compact, to wit, the Constitution of the United
States. By that compact, certain powers and authorities are enumerated
and expressly delegated, by which a Congress-majority is limited and
bound. All powers and authorities not expressly delegated and enumer-
ated, are withheld from Congress, and reserved to and by the States that
entered into that contract ; as appears by the 11th and 12th amendments
of that constitution. The majority, therefore, must govern, not according
to their own discretion, but according to the powers given to them in the
Constitution, and in no other manner. Even the Omnipotence of the Bri-
tish Parliament is controuled by certain acknowledged constitutional limi-
tations, which are habitually referred to, as undeniably binding.
The general Welfare. It is urged by the prevailins; and dominant par-
ty, that the Constitution contemplates the general welfare as the polar star
of all legislation. That whatever, therefore, is required by the general
welfare, the majority may, and ought to enact. And as the majority alone
can decide what measure is or is not conformable with the general welfare,
and required by it, the enactments of the majority are of necessity
binding on the minority, and on the States and people. This is the favorite
doctiine, very positively delivered, of Mr. President John Q. Adams. To
this it is replied, that the Constitution marks out and describes how, and
under what enumerated powers and authorities, the general welfare is to
be consulted and pursued. The pretence of enacting whatever the general
The Constitution gives power to the federal judiciary to take cognizance of cases in law and
equity, but not political cases : casus federis.
It gives them no jurisdiction whatever, in the case of a State ajjainst the U. States, or vice
versa. Examine the article in the Constitution conferring and enumerating judiciary powers.
It is not to be expected, that a court composed of technical lawyers, can be fully competent
totlie decision of great questions of State, that legislators and statesmen are peculiarly appoint-
ed to decide. A great lawyer is one thing ; a great statesman another. Their modes of consid-
ering questions are different. It is a farce, to expect perfect imparliality of decision in ques-
tions between the people and the executive, from Judges nominated, and in fact appointed by
the executive, from a desire of rewarding apolitical partizan, or gaining a poUtical adherent,
in an influential situation. In the case of the Tariff, Judge Johnson of Charleston and Judge
Baldwin of Pittsburgh, were openly committed in favour of the executive measure. Is not Chief
Justice Taney notoriously liable to the same objection ?
OF SOUTH CAROLINA. 003
welfare may require, aiul (»t"jiulgiii<^ oflhc measure proposed, without re- Editor's
ganl to the limitations of tlie Constitution, is neither more nor less than '^'■•^'■*'"^'^'-
despotism. It is treating the Constitution as useless and worthless ; a
mere dead letter. lender such an assumption of power by a Congress
majority, the minority has no rights, the States no sovereignty or inde-
pendence, and the people no liberty or property. No act of des])otism
can be imagined which a majority with unlimited discretion to pnjuounce
on the general welfare, may not ordain and perpetrate. A constitution of
limited [)ovvers, is a mockery u!ider the modern pretence of general Avel-
fare.
This question, so far as good sense could, settle it, was settled by the
report of the Virginia minority on the Alien and Sedition Laws, di'awn up
by Mr. Madison in 1799, as follows :
" The true and fair construction of this expression (the general welfare)
" both in the original and existing federal compacts, appears to the Com-
" mittee too obvious to be mistaken. In both, (viz. the old articles of con-
" federation and the present Constitution) is subjoined to this authority, an
" enumeration of the cases to which their powers shall extend. Money,
" cannot be applied to the general welfare, othei'wise than by an application
" of it to some particular measure conducive to the general welfare. —
" Whenever, therefore, money has been raised by tl'e general authonty,
" and is to be ai)plied to a particular measure, a question arises, whether
" the particular measure be .among the enumerated authorities vested in
" Congress. If it be, the money required for it, may be ap])lied to it. —
" If it be not, no such application can be made. This fair and obvious in-
" terpretation, coincides with, and is enforced by the clause in the consti-
" tution which declares that no money shall he drawn from the Treasury hut
" in consequenee ef appropriations hy law. An appropriation of money to the
" general welfare, would be deemed rather a mockery than an observance
"of this constitutional objection.
" Whether the exposition of the phrase here combated, woidd not by
" degrees consolidate the States into one sovereignty, is a question conceni-
" ing which the Committee can perceive little room for difference of opin-
" ion. To consolidate the States into one sovereignty, nothing moi-e can
" be wanted than to supercede their respective sovereignties in the cases
" reserved to them, by extending the Sovereignty of the Ll'nited States to
" all cases of the general welfare ; that is to say, to all cases whatsoever."
So far Mr. Madison. Human ingenuity cannot devise a principle of
despotic govermnent more perfect, than the uncontrouled omnipotence of a
majority — and a discretionary construction of the General Welfare as the
guiding rule by which a majority may regulate its conduct.
Internal Improvements. This is one of the measures justified on the
principle of ])romoting the general welfare. The objection to this measure
is, that though brought forwai'd in the Convention, the Constitution does
not authorize it. The plan of internal improvement introduced under Mr.
J. Q. Adams's sanction, was intended to absorb all increase of revenue,
and to pjcvent any surplus ; so that no argument should be drawn from
the flourishing condition of the Treasury, to lessen or discontinue the Ta-
riff'. By degrees it became what it still is, a scramble among the States,
^vhich should obtain lor internal improvements the greatest amount of the
public money. The appropriations under this head, were and still are,
squandered with merciless dissipation, for objects trifling in themselves,
and of mere local utility. This system threatens an imjioverishment of the
Treasury, and a dissipation of the public resources, that ought to alarm
even its advocates. How the progress of this demoralizing evil is to be
224 STATUTES AT LARGE
sloped, who can telH Thank heaven, South Carohna has permitted herself
to he plundered, scorning to join in the general scramble.
The system of" internal improvements commenced in 1817, M^ith the ap-
propriations for the Cumherlmal Road, (from Cumberland in Maryland, to
the Ohio,) which has required and received, and still does claim annual
sums from Congress for its comjiletion and repair. This road may be
very useful to the covmtry through which it passes : but of what use is it
to Maine or Vermont, or South Carolina, or Georgia ? And why are we to
])ay the expense of constructing and repairing it % A line of canals from
Massachusetts to New Orleans, parallel to the Atlantic coast, or a public
road from the British border to the Spanish border, would be a proposal
intelligible on the score of public utility, if the object were worth a tenth
part of the necessary expenditure ; but the major part of the schemes for
internal improvements, (nine out of ten of them,) are useful to the
State alone which has been successful in robbing the public treasury
to enrich herself I refer to the Speech of Judge Wm. Smith, of the
Senate, 11 Ap. 1828, full of sound reasoning and instructive detail.
Since that time, it might be worth while to enquire of what use to the
South are the Breakwater of the Delaware, or the projjosed improvements
of the Hudson? Are not the States of Pennsylvania and New- York —
States overflowing with wealth — able to pay for their own internal im-
provements % Did South Carolina apply to Congress %
The whole history of internal improvements, fi'om the Bonus Bill of
1817 to the present day, exhibits a series of profligate expenditure on the
part of the Government, of fraudulent draughts on the public treasury
for objects merely local, of selfish scrambling among the individual States,
who shall best succeed in exhausting the I'evenue — degrading to the last
degree to the American character. We have not yet learnt that no peo-
ple know how to be free, who do not know how to be just.
The Cumberland Road was in part defended on the ground of com-
pact. The general proposal of appropriations for internal improvements,
in 1817, 1824, and 1828, was opposed by the following considerations.
1. That being negatived by the Convention, and not included among
the powers conceded to Congress, it can only be defended, on the princi-
ple of the General Welfare. A principle that sets Congress fi'ee from
all limits and restraints, and opens wide the door of despotic power ; as
it includes within itself all power whatever. Thus destroying all the
limitations and land marks of the Constitution, and authorizing the as-
sumption of powers by construction and implication, which the Conven-
tion expressly negatived, and refused to grant.
2. That it involves, and will induce, a system of enormous and extrava-
gant expenditure, far beyond what the people should be called upon to
bear; of indefinite limit, and perpetual duration; and a system of patron-
age and favouritism so extensive, as to endanger the liberties of the
country. Individuals are biassed by jobs, contracts, superintendencies,
and the expectation of them. States are bought by proposals of gi^eatcr
sums to be laid out in those States that support the measui'es of adminis-
tration. (There are nearly 100 proposals of appropriation, from 1817 to
the present time, for objects of no more general utility than the Maysville
turnpike.)
3. That it takes from the right of the State governments, to imjirove their
own territoiy in their own manner, and subjects such an extent of ten-i-
tory to the controul of the Executive and Judiciary of the Union, by
means of roads and canals, in addition to fortifications, &c, that the rights
OP SOUTH CAROLINA. 225
liK.MARKS.
of the States are jiearly aiiiiiliilatod by adopting this proposal. They are Editor's
intersected and interfered witli in all directions.
■1. Tliat it is well cal{;ulated to absorb all surplus revenue, and thus
perpetuate the northern system of Taiifi" taxation ; which would fall of
itself under a system of frugal ex])enditurc, and increasing resources.
'). That if any power be really wanted by Congress, the people, when
applied to in the way sanctioned by the Constitution, will readily giant it.
But to seize on this extensive and indefinite power denied by the Conven-
tion, without application to the people, is rank usurpation ; and the
acts passed by usurped authority, are, and ought to be regarded as null and
void.
6. That under this sweeping claim of the general welfare, and internal
improvements built upon it, the public revenue may be dissipated in
patronage and bribery. Nor is there any one of the reserved rights of
the States, but may be easily prostrated l)y the influence of the General
Government, combining with the larger States. The Union is no longer
an Union of separate, sovereign and independent States, but of petty mu-
nicipalities controulable by the power assumed at Washington. The Holy
Alliance may defend its worst and wildest claims under this pretence. It
implies despotic power, and mocks controul. The fashionable phrase now
is, not a strict, but a liheral construction, of the Constitution ; which means
any construction that suits the views of usurpation in any department of
the Federal Government.
The long continuance and the successful growth of this system of in-
ternal improvements adopted by Congress in open and contemptuous de-
fiance of the Convention and Constitution of 1787, is a deep disorace on
the moral courage and honesty of the country. Every administration
will now look to its lucrative influence, and the extent of its patronage,
as the surest basis of its power and popularity, and the most efficient
means of protecting its own encroachments on the rights of the people.
Nor is there any safety against absolute despotism, whatever may be the
name given to our form of Government, but a speedy defalcation of two-
thirds of the patronage which the States have been weak enougli to con-
fer on the Executive. Just before his own election, General Jackson
complained of the extravagance of Mr. .1. Q. Adam's administration, in
raising the expenditure of the peace establishment to 12 millions. The pub-
lic debt is now paid ; and while this note is printing, it appears that the
appropriations of 183G have exceeded, it is said, 40 millions of dollars !
Such is a brief outline of the very impoitant questions embraced by
the records about to be inserted; and which will be better understood
after the summary now offered to the reader's perusal. That summary
will be of more value twenty years hence than it is now. The Editor
presents it as a brief exposition of the constitutional doctrines of South
Carolina, supported and corroborated by the documents that follow.
THOMAS COOPER.
VOL. I.— 29.
226 STATUTES AT LARGE
Report of the Committee to ichom iras referred the Preamble and Resolu-
tions, submitted by ike lionorable member from Chesterfield, on the sub-
ject of the Tarif, j>roposed at the last session of Congress. ( The Editor
cam ot find this in the PamjMet Laics, Reports a7id Resolutions of the
appropriate year : nor in the IS/Ianuscript Journals and Minutes of the
Legislature for that year. Nor can he refer to the State Gazette cf Dan-
iel Faust, then State Rrinter, inasmuch as all the copies of that Gazette
have been consumed by fire. The Editor has iaT<en this document, which
carries veracity and accuracy on the face of it, from the 19th Vol. of
Niles's Register, p. 345.)
LEGISLATURE OF SOUTH CAROLINA.
December Sth, 1820.
The following Report of the Committee appointed on the Resolu-
tions REFERRED TO, AVAS, ON WEDNESDAY', REPORTED TO THE HoUSE OF
Representatives, and adopted by the House.
The Committee to whom was referred the Preamble and Resolutions,
submitted by the honorable member from Chesterfield, (Pleasant May,
Esq.) on the subject of the Tariff proposed at the last Session of Con-
gi'ess —
RESPECTFULLY REPORT,
That although your Committee do, in common, they believe, with a
great majority of their fellow-citizens, and particularly those in the South-
ern and Eastern States, entirely concur with the honourable member, so
far as the general principles of political economy involved in the resolu-
tions, are concerned : although they most earnestly deprecate the restrict-
ive system, attempted to be forced upon the nation, as premature and
pernicious — as a wretched expedient to repair the losses incurred in some
commercial districts, by improvident and misdirected speculation ; or as
a still more unwarrantable project to make the most important interests
of the country subservient to the most inconsiderable, and to compel those
paits of the Union which are still prosperous and flourishing, to contri-
bute even by their utter ruin, to fill the coffers of a i'ew monopolists in
the others. Yet, when they reflect that the necessity at that time uni-
versally felt, of regulating the commerce of the country by more enlarg-
ed and uniform principles, was the fij-st motive that induced the calling
of a Convention in '87. When they consider, that among the powers
expressly given up by the States, and vested in Congress by the Consti-
OF SOUTH CAROLINA. 227
lution, is ih's very one of enacting all laws lolatinti; to commerce. Aborc Legislative
<iU, when they advert to the consetjucnces likely to result from the prac- "^j^'
ticc, unfortunately become too common, of arraying upon questions of ^^^ -^^^
national policy, the States as distinct and independent .sovercigntieH, in opp(j-
sition to, or (what is much the same thing,) with a view to exercise a con-
troul over the General Government. Your Committee feel it to he their
indispensable duty to protest against a measure, of which they conceive
the tendency to be so mischievous, and to recommend to the House,
that upon this, as upon every other occasion, on which the general welfare
of the public is in question, they adhere to those wise, liberal and mag-
nanimous principles, by which this State has been hitherto so proudly dis-
lintruished.
228 STATUTES AT LARGE
Report cf the Sjjecial Committee on the decisions of the Federal Jtidiciary,
and the Acts of Congress contravemng the letter and spirit of the Consti-
tuticn of the Union. (Pamphlet Lcnvs, Reports and Resohitions of
4825, p. 88.;
IN THE HOUSE OF REPRESENTATIVES,
December 15, 1825,
The Special Committee, to wliom was referred so much of the Go-
vernor's Messas^e as relates to " the decisions of the federal judiciary
and the acts of Congress, contravening the letter and spirit of the Con-
stitution of the Union," respectfully report, that they have reflected on
the subject with due care, and feel no difficulty in forming upon it and
expressing a distinct opinion. But before they state it, they beg leave to
make a few prefatory remarks on the respective powers and disabilities
of the United States and the individual States.
The United States of America differ in their forms of government from
all other governments in the civilized world. When the thirteen primi-
tive States declared themselves independent, and entered into articles of
confederation and jierpetual union with each other for their mutual safe-
ty and defence, it was agreed that each State should retain its sovereign-
ty, freedom and independence, and every power, jurisdiction and right,
which was not by the confederation expressly delegated to the United
States in Congress assembled. The better to secure this sovereignty,
freedom, independence, power, jurisdiction and rights, each State, in its
own good time, formed a constitution for itself. Each State was an inde-
pendent sovereignty, except what was surrendered for the purposes of war
and defence, the public good, and general welfare. Over the commerce
with foreign nations. Congress had little or no controul.
In this situation, it was found in the course of a ^ew years' experience,
that our foreign commerce could be better protected, and our national
credit better secured, by sun-endering more power, as regarded these sub-
jects, into the hands of Congi-ess ; and this gave rise to the convention
which formed the Federal Cortstitution, which delegated to Congress the
complete controul over those questions so intimately connected with the
general welfare and public good. But when enlarging the powers of the
General Government, the States expressly stipulated, that
The enumeration in the constitution of certain rights, shall not be con-
strued to deny or disparage others retained by the people. And that
The powers not delegated to the United States, are resei-ved to the
States respectively, or to the people.
Among those rights retained in this constitution to the people, is the
unalienable right of remonstrating against any encroachments upon that
OF SOUTH CAROLINA. 229
constitution by tho Congress of the United States, or any other officx-r Kepout
helonging to or acting under the General Government. Rksolutions.
This riglit is not only I'etained and unalienable, but it is the birth right 1H25.
of every freeman. It belongs to him either in his individual or aggre-
gate, his private or political capacity. To restrain it when respectfully
exercised, would be to establish that odious doctrine of non-resistance and
perfect obedience.
The Committee, therefore, respectfully recommend to this House tho
adoption of the following Resolutions : —
1. Resolved, That Congress does not possess the ])Ower, under the con-
stitution, to adopt a general sysitem of iiil(;rual iin[)rovemeut as a nalionul
measure.
2. Resolved, That a right to impose and collect taxes, does not autho-
rize Congress to lay a tax for any other purposes than such as are neces-
sarily embraced in the specific gi'ants of power, and those necessarily
implied therein.
3. Resolrcd, That Congress ought not to exercise a power granted for
particular objects, to effect other objects, the right to effect which has
never been conceded.
4. Resolved, That it is an unconstitutional exercise of power, on the
part of Congress, to tax the citizens of one State to make roads and ca-
nals for the citizens of another State.
5. Resolved, That it is an unconstitutional exercise of power, on the part
of Congress, to lay duties to protect domestic manufactures.
Resolved, That the House do agree to the Report. Ordered, That it
be sent to the Senate for concurrence.
Bi/ order of tJte House.
R. ANDERSON, r. ir. u.
IN THE SENATE, Decemher 16, 1825.
Resolved, That this House do concur in the Report. Ordered, That
it be returned to the House of Rejiresentatives.
By order of the Senate.
WM. D. MARTIN, c. s.
230 STATUTES AT LARGE
JSIeinorial ^r. ; hcing the Report of a special Committee of the Senate of S.
Carolina, on the resolutions suhmitted h;j Mr. Ramsay on the subject of
States rights. — Dec. 12 a7id 19, 1827; (PamjMet lavs, reports and resolu-
tions of Dec. Session, 1827, jmge 69. J See also, the documents of the first
Session of the 20th Congress of the United, States ; document of the Hotisc
of Representatives, No. 65, Jan. 14, 1828, having been read on that day as
a Meitiorial to the House of Representatives of Congress, from, the Legisla-
ture of So2ith Carolina. (Printed from this last mentioned, docmnent.)
IN THE SENATE,
December 12, 1827.
The Committee, to whom was referred certain resolutions, directing an
enquiry into the nature and origin of the Federal Government; and wheth-
er certain measures of Congress are, or are not, a violation of the letter and
spirit of the Federal compact, Report, that they have inaturely weighed and
considered the subject entrusted to them, and are of opinion,
1. First, that the Constitution of the United States is not a compact be-
tween the people of the United States at large, with each other, but is the
result of a compact originally fonned between the people of thirteen sep-
arate and independent sovereignties, to produce and constitute a new form
of government; as will abundantly appear by a reference to the journals of
the old Congress, and of the General Convention which framed the Con-
stitution.
The first Congress in America was that formed by the colonies in 1774
and 1775. It possessed, as is well known, no authority but what arose
from common consent. The declaration of independence having absolved
the colonies from all allegiance to the crown of Great Britain, it became
necessary that the powers of Congi-ess should be accurately defined — and
hence arose the Confederation of 1781. This confederacy not producing
the blessings which had been anticipated, and the war of the revolution
having entailed upon the States a large public debt, and the States at the
same time becoming careless or indifferent in furnishing their quotas of
this burthen, and many of them indeed unable so to do, from the distresses
incident to the want of a common head to regulate commerce, the necessity
of new modelling the existing government became evident to all. The
old Congress, taking advantage of this state of the public sentiment, wisely
recommended that a convocation of the States should be held for the pur-
pose of framing a constitution better suited to the exigences of the Union.
This constitution, when finished, was to be submitted in the shape of a
proposal, for the adoption or injection of the different States. Deputies
OF SOUTH CAROLINA. ^.jl
from all the States were accordint^'ly assembled in general convention ; Report
and a constitution havinu^ been finally agieed upon, it was ordered to beijtfjOMJTioNs.
])ublislu;d tor the infomiation of the people, and each State Legislature IH'27.
was solicited to call a Convention for the purpose of ratifying or nsjecting '^^■^"^"^^
it. State conventions were accordingly assembled under the authority oi'
the State Legislatures, and as soon as the ratifications of nine States were
transmitted to the old Congress, arrangements were made to put the new
Constitution into operation, and the old Covcmment expired, as a mutter
of course.
If attention be given to the lise, progress and completion of the new
Government, as above stated, it will be seen that the government of the
Union does not emanate from the people of the United States at large, but
from the people of the dijf'croit States, as composing so many distinct and
independent sorerciguties.
First — The general convention was recommended by the old Congress,
which was a pure confederacy of States. Secondly — llie deputies to that
convention were elected by the State Legislatures. Thirdly — In all the *
deliberations of the convention as to tbe best foi'm of government for the
Union, the votes were taken by States, and no measure agreed upon
which was not approved of by a majority of the States represented ; and.
lastly — The ratifications of such States as were willing to accede to the
new Government, were transmitted as the ratifications of so many sove-
reign Slates — the assent of each State counting as one vote in making up
the majority o^ three fourths of the States; such an assent of three fourths
of the States being deemed a pre-requisite to the constitution's going into
operation. The mere fact of the constitution's not resulting from a inajori-
tji of all tit e people of the Union, iioi' from that of a majority of the States,
but from the unanimous consent of the several States who were to be par-
ties to it, proves beyond the possibility of doubt, that the act establishing
the constitution, and giving it its binding efficacy, was purely the act of
the people of the different States, as States, and not of the people at large.
The Constitution was thus clearly Federal, in its conception and in its
Creation.
It is with great pain that your Committee are constrained to observe
that this does not appear to be the view of the Supreme Court of the Uni-
ted States. By the reasoning of the Court in tlie case of McCxiUoch vs.
the State of Maryland, it would appear that the Constitution is regarded,
by that tribunal, as emanating from the people, and not from the State
sovereignties ; but it is evident, that this opinion is founded on a miscon-
struction of the term State Sovereignty ; the Supreme Court contempla-
ting the State Legislatures, as the only State Sovereignties ; and seeing,
that the ratifications of the instrument did not proceed from the State Le-
gislatures, but from the State Conventions of the people, it was natui'al
under such a view, that the Court should deny the doctrine of the go-
vernment of the Union as proceeding from the States. It is scarcely ne-
cessary to remind the Legislative Body, that it is an incontrovertible
axiom in republican politics, as founded on the inherent and natural,
IvKiUTS OF Ma.x, that the Peoim-e alone, in a State Convention, constitute
the true socereignty of that jnirticular State, their power at such a period,
being without limits and without controul. The ratifications of the com-
pact thus proceeding from the State Conventions, they necessarily become
acts of more binding efficacy, and consequently of more complete sover-
eignty, than if they had been done by the State Legislatures. It is not
competent for any State Legislature to associate its constituents, the peo-
ple, in any new form of govcniment with the people of other States. No
232 STATUTES AT LARGE
Report. legislative body can pretend to a power of tliis kind. A Legislature
„ ^^° mi"-bt have bound its constituents in a league or confederacy. In a con-
KESOLUTIONS „ '-^ „ ^, , f 1 /-I /n -1 ^" • 1 T
1827. federacy of States, tbe acts of the Common Council are not exercised di-
rectly on the people ; but in practice, go forth with no better authority
tlian'as recommendations to the different Sovereigns, who are parties to
the league. It is the people alone in convention, who can enter into a com-
pact, associating themselves in a new political relation with the people
of other States ; and when they do enter into' such compacts, their acts
become the acts of sovereign States, and the compact is a compact of
States with each other, and not of the people of those States, as if
they had constituted an entire people. In the formation of the Con-
stitution of the United States, it might have been ordered, had the
Convention willed it, that its ratification was to be derived from the
people of the United States considered aggregately; in which case,
the will of the majority of all the people of the United Slates would
have been necessary before it should go into operation. But no
such rule was adopted or even proposed, in the general convention.
" Though the assent of the people was required to be given by deputies,
elected for the purpose, this assent was, nevertheless, given by the
people, not as 'mdividuals composing one entire nation, but as compo-
sing the separate and indcpcjulent cominunities to which they severally
belonged." The vote of each particular State Convention was trans-
mitted as the vote of the State, as a Sovereign Body, and not as the
act of the individuals of that State, as forming its proportion of the
aarsrregfate of all the inhabitants of the United States. If there be a
fact, which determines beyond all dispute the clear intention of the
convention, that the Government of the Union was to emanate from
the State Sovereignties, it is that provision in the instrument which
I'egards the ratification as complete, as soon as the people of nine
States should assent to the Constitution. Such "a provision as this
would be utterly inconsistent with the opposite plan of making the
consent of the people at large a pre-requisite to its operation,
because it might have happened under such a plan, that four large
States, rejecting the Constitution, might have composed the majority of
all 'the inhabitants in the different States. It would be a reproach to
the sagacity and foresight of the Convention to imagine, that if it was
the intention of that Body that the Government should be National
and not Federal in its creation — that it would set forth a proposal, or
adopt a plan, by which it was possible that the then existing govern-
ment should cease, and a new government should go into operation,
with the assent of such nine States as might form a minority of the people
of the United States.
The doctrine of the Constitution of the United States emanating
from the people and not from the States, is in the opinion of your
committee one of the most dangerous doctrines that can be promulga-
ted; for by it is established the principle, that the Federal Govern-
ment is not responsible for any violation of the compact, excepting to
the people at large as its constituents. This would be Consolidation
in its very essence; it would be to break down the lines which sepa-
rate the powers of Congi'ess from the powers of the States. It would
at any time enable a combination of the people of such States as
might constitute a ma-jority of all the inhabitants of the United States,
and who have particular local views or State interests to promote, to
can-y any measure whatever in Congress ; and to the people of such
OF SOUTH CAROLINA. 233
r;f the States as mi'^lit form the minority, there would be no hope of re- Rei'ort
tlress. Coiiffress, with the most unfair intentions t(» the smaller States, n-, '*^"
mii^nt even keep withni tlie /eftcr oi tlu; L/Onstitutuui, by assit^ninf for its 1827.
acts of oppression to those States, such constitutional motives and rea-
sons, as to defy all efforts to counteract its cai'eer of injustice by a resort
to tlie triliunals of justice. On the other hand, the doctrine that the
Constitution is a compact between the States as so many separate and
distinct sovereignties, is a doctrine full of comfort and security to every
real friend of union and of the liberties of the people. The necessary
conseijuence of such a doctrine is, that if the social compact be violated
in its spirit or its letter, and the States have the right to remonstrate,
and to call back the parties to the original covenant, the remonstrance
coming. from such a quarter, will be promptly attended to, and the re-
dress will be comparatively easy and certain ; which never can be the
case, where the people, as a minority, are left to seek their remedy.
It is most fortunate for the people of the Southern States, that the
truth of a doctrine so indispensable to their safety, is so immoveably
founded on the inherent, unalienable rights of man. All legitimate go-
vernment is in the nature of a trust, and is the result, either of a com-
pact between the people with one another, as is the case with a simple
consolidated government ; or, of States witli each other, inider a com-
pound or mixed government. There is no reasoning which can impair
a truth so evident. The Constitution of the United States, according to
all our ideas of the origin of governments, is strictly and emphatically a
form of government emanating from the States ; and the manner in which
its powers are to be exercised, is matter of convention between those
States. The Federal Government has no rights. It has certain duties to
perform, and to this end, is invested with certain powers. If it exercises
any powers not delegated, there must be a responsibility somewhere — and
this brings your committee,
2. Secondly — To the inquiry, whether, in the event of any abuse of
power or violation of the letter or spirit of the Constitution, it belongs
to the people at large or to the State Legislatures to remonstrate. In
the opinion of your committee, the reponsibility of the Federal Govern-
ment is of a two-foJd character. First — it is responsible in certain cases
to the people at large, upon whom, by the Constitution, its poirer is whol-
lij to operate. Secondly — it is amenable to the State Legislatures, as re-
presenting the same people, distributed in separate sovereignties, by whom
alone the government was created. In its creation, the government is thus
as entirely federal, as in its operation it is strictly national. The Jirst
reiponsibility accrues whenever the government abuses any of its dele-
gated powers, or rather injudiciously exercises them, to the injury of
the people at large as its constituents. The second can only occur when
power not delegated, is assumed to the injury of the people in their sepa-
rate sovereignties. This distinction as to the responsibility of the na-
tional rulers, results from the mixed nature of our government. In a
simple government, the only " safe-guards for airesting usurpation, and
preserv'ing the liberties of the people, are the iiositive restrictions on power,
and the political lesponsihility of those who exercise power, to the people,
on whom it operates." In that state of affairs, where the people are
held tof^ether as one political society, and as regards civil and jjolitical
rights, have but one common interest, and have it eoually in their jiower
to change their rulers, it is difficult to conceive how power abused or
usurped, can operate beyond its responsibility. But in the anomalous
scheme of the mixed government of the United Slates, where many re-
VOL I.— 30.
234 STATUTES AT LARGE
Report prcseiitative governments ai'c bound together in one comprehensive
Re olutioxs whole, and where it becomes essential, that piecise limits should be as-
1827. signed to the jurisdiction of the supreme and the subordinate legislative
authorities, it becomes indispensable, that the responsibility should be as
■well to the 'pecrplc in their state governments, as to the peoj)le considei'ed
as one entire nation. For mal-administration therefore, in the aft'airs of
the government, which is neither more nor less than an abuse of the peo-
ple's trust, it belongs to the people alone as a nation, to call their rulei"s
to account. This can only be eftected at the periods prescribed by the
Constitution, when all power returning again at those periods to the peo-
ple, they may thereafter commit it into other and safer hands. But to
the people of the different states, through their organs, the State Legis-
latures, it equally appeitains to remonstrate, and to restrain Congress
when it would pass the boundary line of its powers, and usurp those
which were reserved to the States.
To abuse power and to usurp power, are two things in their nature,
totally distinct. Congress, in exercising the discretion with which it is
unavoidably entrusted on many subjects, may so abuse that discretion, as
not only to impair the prosperity, but actually to endanger the safety of
the nation. For wrongs of this nature, there is no remedy but in a change
of rulers. There ought to be no other remedy. There is here, no vio-
lation of the terms of the social compact of government between the
confederated members, so as to alter the relations in which they stand to
each other, and to the Federal Government. But when Congress as-
sumes to itself a power unknown to the Constitution, and thus entrench-
es ujjon what is resei"\"ed to the States ; here is an interference which
goes to the destruction of the covvpact itself ; and to the parties to that
(lompact, it solely belongs, to insist upon a fulfilment of that comjmct.
These parties being the people of the different States, it not only is their
right, but it becomes an high duty of their local Legislatures to interfere.
To consider the right to be in the people at large, and not in the State
Legislatures, is, as has been already observed, to place the smaller States
in the power of the larger ; for it is not to be concealed, that the usur-
pations most likely to take place under the Federal Government, will
not be such as will endanger any princiiDle of public liberty, or the rights
expressly reserved to the States, because there would be but one feel-
ing amongst the people to resist it, and the remedy would be in the hands
of the people ; but the usurpations to be apprehended will be such, as
are calculated to promote the interests of such States as form the majo-
rity, at the expense of others, which must always be in the minority.
To the will of a majority of Congress, Avhen it is in the exercise of its
legitimate j^owers, it is the duty of the minority to submit. Ai such a time,
the Government assumes its consolidated form, and obedience is as ptrictly
due to its measures, however injuriously they may operate against the
minority, as if it were a simple and not a mixed government. Not so,
however, is it, when under a compact between States, the question pre-
sents itself, whether the Convention between those States has been ad-
hered to in good faith or not. In a case of this kind, majority and mino-
ritij are relations, which can have no existence. Each State having en-
tered into the compact as a Sovereign Body, and not in conjunction with
any other State, must judge for itself whether the compact has been bro-
ken or not.
The committee here take occasion to obsei've, that though under the
Constitution, a tribunal is appointed to decide controversies, to which the
United States shall be a party, and the States may often be willing to
OF SOTJTH CAROLINA.
leave to such a tribunal, many controversies ; yet it must be evident, that
colUsions will sometimes arise between the States and Contrniss, when j^j.
it would not only bn unwise, but even unsafe to submit (juestions ol'
disputed sovcnM'j;nty to any judiciary tribunal. In theory, it may ix; de- '^
lin^litful " to contemplate the s])Octacle of a Supreme (Jourt sittinjr jn so-
iemu iud<;ement, u])ou the conllicting claims of national and state sove-
rei<>nty, and tranquilizing all jealous and anc^ry passions, and binding this
ereat confederacy in peace and harmony, by the ability, moderation and
equity of its decisions." But our own experience has already satisfied
us, that it belongs n(jt to mortals to erect a tribunal, that shall feel itself
wliolly impartial on a question between the State and the National Go-
vernments ; and least of ;dl, ought the States to be willing to make the
Supreme Court of the United States, the arbiter finally to decide points
of vital importance to the States. The conduct of this Court, as far as
your committee can judge of it, has inspired an universal and a justly
merited confidence in the equity of its decisions in general, between citi-
zens of one State and citizens of another State, nor can they for a mo-
ment doubt its competency, to decide with the utmost impartiality, all
conllicting claims between one State and'another State. But it is due to
truth to state, that whenever the constitutionality of any act of the Fede-
ral (rovernmcnt has been called in question, this court has not so con-
ducted itself, as to be esteemed a sufficiently impartial tribunal. The
court which can confer by bnplicatiorb on the Congress of the United
States, a jwirer to create a corporation when there exists on the journals of
the convention published under the authority of Congress, the iiTcfraga-
ble evidence that such a power was proposed to be invested in Congress,
but rejected hjj a vote of that hodij, is not more likely to do justice to the
State sovereignties, than the tribunal which would regard the Federal
Constitution as emanating from the people at large, and not from the
States, in the face of history and well attested pact. Into both of these
errors, has the Supreme Court unhappily fallen. But there is a peculiar
propriety in a State Legislature undertaking to decide for itself, when
the Constitution shall be violated in its spirit and not in its letter ; these
being cases in which no court, however well disposed, can be expected
to give relief. Three memorable instances of this species of usurpation
occurred in the years 1816, 18:30 a,nd 1824, where Congi-ess, under every
appearance of adhei'ing to the letter of the compact, substantially has vio-
lated its spirit. A fourth instance may probably soon occur, which leads
your committee to consider,
3. Thirdly — Whether Congress can so legislate as to protect the
local interests of particular States at the expense of all the people of the
United States ; and whether Domestic Manufactures be a local or a
general interest.
On the first part of this inquiry, it is believed that there exists no
difference of opinion ; it being admitted in and out of Congi-ess, that
local interests cannot be protected by the National Government. It is
however insisted that Domestic Manufactures are a general interest. Your
committee do not feel themselves bound to enter at large into reasons,
to shew the little foundation there is for such an opinion ; and the less
disposed are they to argue the question, when they recollect, that from
every cjuarter of the State there has been an almost unanimous e>ipres-
sion of the public opinion, that manufactures are not a general interest,
and that Congress has no power to foster and cherish them, iiut it
certainly belongs to the subject to state, that your committee have
examined the Constitution with the gi-eatest care, and they can find iu
236 , STATUTES AT LARGE
Report ^q part of it, any grant of power to promote any branch of internal
Resolutions, industry, or any of the useful arts, by any other means than by the
1827. conferring of patent rights for new inventions. That the convention
designedly withheld such a general power, abundantly appears from the
journals of that body, already referred to. Two distinct pi'opositions
were at different periods made to amend the reported draft of the
Constitution, by conferring on Congress, the power in (juestion, but these
propositions, together with othei's in relation to science, and agriculture
were not adopted ; the convention finally coming to the conclusion,
that Congress should " promote the progress of science and the useful
arts BY securing, for limited times, to authors and inventors, the exclu-
sive right to their respective writings and discoveries." A clause this,
so exclusive in its mode of expression, as to leave no doubt in the
minds of your committee, that all other modes of encouraging the useful
arts, excepting by patents, were to be prohibited.
This view coincides with, and is considerably enforced by a power
reserved to the States " to lay imposts," with the consent of Congress, for
other purposes than the execution of their inspection laws ; a clause
which, in the opinion of your committee, is not susceptible of any other
explanation, than as a provision, to enable such State as might be
desirous of protecting their domestic manufactures against foreign
rivalry, to do so, by imposing in their own ports, imposts on the
imported fabrics, with the consent of Congress. By referring to the
secret debates of the Convention, it clearly appears that the insertion of
this clause was for this purpose alone.
In addition^ it may be urged that no interest can be recognized as a
general interest within the meaning of the Constitution, which each
State does not possess, in common with every other State. The design
of union amongst the States was, not that Congress should Legislate
in cases to which the States were separately competent, but simply
regulate such general concerns, as would have suffered by the exercise
of individual or State Legislation. Among these general concerns,
which the States were incompetent to regulate with any advantage, the
most prominent was commerce. To the necessity of a controuling
pov/er to regulate foreign trade, and to no other motive, does the
Constitution owe its existence. This power, the old Congress did not
possess. The States had repeatedly refused to grant such a power,
because each State thought itself competent to regulate its own trade.
But the experience of the first four years which succeeded the war
of the revolution, having taught them their error, the people afterwards
intreated their local assemblies to grant such a power to the common
head of the confederacy. In the mean time, propositions were made
for a Convention to frame a new Constitution. Thus it is plain, that
it was not until the States were reminded by their own dear-bought ex-
perience, that Commerce was a general interest, that they were disposed
to unite forever, for this, so great and so common a blessing to them all.
The Convention having been convened to form a Constitution, it
adopted as the basis upon which were to be built the jiowers of the
new government, the principle that all such interests as the States
could not separately manage, should be transferred to the Federal
Head. It is to be observed, that neither in the old nor in the new
compact, is there a single subject specified for the Legislation of the
General Council, in which every State has not an immediate and a
very important interest. All the enumerated powers in these two
memorable instruments, are referable to war, peace, indian trade,
OF SOUTH CAROLINA. 237
i;oMMKUCE tuui rouEUiN NEfJOTiATioN. Tlie present Conslitiition was Report
designed to su])ply all the deficiencies of the Gonfcflei-aiiou, and by an n , . ^'^^
unanimous vote of the Convention, it was early decided, as aj)j)earK 1827.
by its journals, that the enumerated j^owers of the new government, ^^^/^"^^
should extend to every subject of general interest. It results then as
a fair and conclusive argument, that \vhatevcr subject was jmrjw.sf.lij
excluded from the enumerated powers of Congress by the vote of the
Convention, as an unfit subject for the care of the General Govern-
ment, could not have been regarded as a general interest. A o-eneral
power to promote IManufactures, Agriculture and Science, and to
construct roads and canals, was positively and peremptorily excluded;
and this, in the opinion of your committee, is an unanswerable reason
why these subjects ought to be deemed local, and not general ; if it
were not already demonstrable to our senses, that any particular per-
suit of human industry, follov/ed by the people of some States, and in
which those of other States are not at all cngaoed, must be a local
interest of the States.
4. Fourthly — Your committee are of opinion, that Congress has no
power to construct roads and canals within the limits of a State
without a violation of the Constitution, The power of making roads
and canals is not an incidental, but is as primary and as original a
power as any government can possibly exercise. That must be a sub-
stantive power in the strongest acceptation of the term, which involves a
xi^ht o^ jurisdiction over soil and territory. From this species of iui-is-
diction, Congress is clearly prohibited by those clauses m the Constitu-
tion, which confine their jurisdiction to their forts, magazines, dock
yards, &c. But independent of the plain extent of the instrument itself,
as collected from its language, the journals of the Convention afford
the evidence, that it was deemed unadvisable to entrust Conrress with
any such power. All the jiropositions to include roads and canals
amongst the enumerated subjects for the National Legislature, were
rejected. There existed a reason for the refusal of such a power to
Congress, which your committee must ever regard as conclusive, which
is, that such a power in Congress as well as in the States, would have
been repugnant to the whole scheme and theory of the Constitution.
The design of the Convention was, so to discriminate the objects which
were to appertain to the different departments of power, that what was
to be committed to the charge of one government, shoidd not be inter-
fered with by the other. The great difficulty in distributino- power, was
to adjust the quantitij with which the General Government should be
invested. That point once arranged, each government was then to be
supreme in Legislation, as to the particular objects entrusted to its care.
As the States had been in the habit of making roads and were fully
competent to exercise such a power, and to the greatest advantage, it
was not to be expected that they would be willing to yield this their
power over Internal Improvements. To have admitted therefore, that
a similar power ought to be invested in Congress, would involve the
absurdity of causing the same object of Legislation and jrovemment to
belong to the Federal and to the State authorities. There is no such
hideous features as this, in the Federal compact. If the Constitution be
examined with accuracy, it will be found, that with the exception of the
two first enumerated powers of Congress, (which are means and not the
ends of the government, orrather the power of the government, coupled with
the trusts of the government,) that Congress must be regarded as supreme in
Legislation, for all the objects entrusted to its management ; and upon tlie
238 STATUTES AT LARGE
Report same principle that Congress is supreme within its prescribed sphere
Res ^^" ^^^ action, are the States equally supreme as o all objects reserved
1827. to them. If Congress therefore, can legislate on the subject of roads
und canals, the States cannot interfere by exercising a similar power, (for
both cannot have jurisdiction,) and vice versa. The subject of Internal
Improvements, is either a general or local interest, in the view of the
Constitution. It cannot be both. If it be a general interest, Congress
must either be supreme in its jurisdiction over the subject, by extending
its laws to such roads aiul canals, to the exclusion of State authority, or
it cannot act at all. There can be no concurrence of Legislation, excep-
ting as to the means of executing the different trust; for which each
government was created. The bare admission that a State can lawfully
exercise sovereignty on any particular object of civil government, de-
prives Congress of any power over the same object. The States having
always exercised the power over roads and canals, and there being no
specific grant of any such power to Congress, the right is in the States
and not in Congress. Nor can your Committee conceive that the assent
even of a State Legislature to Internal Improvements, made by Congress
within its limits, can confer on that body the power in question. Congress
has no right to exercise any power whatever, but what it receives by
special grants ffom the States. If a State were to give to another State
a power to construct a road or a canal within its limits, this would amount
to a transfer to that State of a portion of its sovereignty. Were
Congress to be permitted to receive such a power as a gift from any
particular State, it would be to say, that Congress can exercise a new
sovereign power unknown to the Constitution, with the consent of, or by
the act of one State. This principle will hardly be contended for. It is
too clear, that Congress can exercise no powers but what it receives
from the States, by the tei'ms of the Constitution. If, the better to promote
union, it needs additional powers, the mode prescribed is an amendment
to the Constitution, If a State can part with the smallest portion of its
sovereignty to Congress, it can part with the whole; and if Congress
could receive an accession of power in this way, it would be to put it in
the power of one State to amend the Constitution, when the instrument
requires the assent of three fourths, and that assent to be given in another
way. There are other views of this svdjject, but they have been so often
taken, and are so familiar to our citizens, that your committee forbear
to dwell longer on this head, but proceed to that part of their inquiry, which
asks,
5. Fifthly, Whether under the power "to promote the general welfare,"
Congress can expend money on internal improvements, or for any pui po-
ses not connected with the enumerated objects in the Constitution. What
has already been urged in the preceding inquiry, will be equally applica-
ble to this. If Congress has not the power to construct roads and canals
in the States, it cannot appropriate money for such purposes. Congress
has either all power over certain trusts, or no power at all. There can
be no such operation in either government, as indirect legislation, in order
to come at any particular object. Each government is fully invested with
complete authority to approach the legitimate objects of its own special
or general care, honestly, fairly, and openly. If, in the desire to obtain any
particular object, either government discovers that it cannot reach that
object otherwise than circuitously, this is conclusive to shew, that it be-
longs not to itself but to the opposite government. The term " general
welfare," in the opinion of your committee, means nothing more than
the national welfare. That can only be deemed an appropriation for
OF SOUTH CAROLINA. 230
national jnirposos, which can be rcfcncd to objects of gonpial interest in Report
all the States. Tliese objects bein^- all sjjecified in the I'Y-tleial compact, Kksolutions.
it tbllows, that if any appropriation of money has not a direct and a natu- 1H27.
ral relation to some one or other of those objects, it cannot constitutionally
bo made. The enumerated objects in the Constitution, (with the excep-
tion of the power to levy and apj)ropriate money) aie the tui'sts which
Congress is to execute. The power to appropriate money to the general
welfare is not a naked power. It is the power covpkd ^\■ith the trl sts, to
execute which, the government was created.
6. Sixthly. As to that part of the duty of the Committee which solicits
an inquiry whether Congress can extend its legislation to the means of
meliorating the condition of the free coloured or slave population of the
United States, your Committee have no hesitation in saying, that this is a
subject in which there can be no reasoning, between South-Carolina and
any other government. It is a question altogether of Feei.iiv(j. Should
Congress claim a power to discuss and to take any vote upon any ques-
tion connected with the domestic slavery of the Southern States, (except-
ing it be to devise the means of prohibiting the slave trade, the only
power which it has by the terms of the Constitution,) it is not for your
Committee to prescribe what course ought to be adopted to counteract
the evil and the dangerous tendency of public discussions of this nature.
The minds of your citizen.^ are already made up, that if such discussions
appertain as a matter of right to Congress, it will be neither more nor
less than the commencement of a system, by which, the peculiar policy of
South Carolina, upon which ai'e predicated her resources and her prospe-
rity, will be shaken to its very foundations. In the opinion of your Com-
mittee, there is nothing in the catalogue of human evils, which may not
be preferred to that state of affairs, in which the slaves of our States
shall be encouraged to look for any melioration in their condition, to any
other body, than to the State Legislature of South Carolina. Your Com-
mittee forbear to dwell on this subject — it is a subject on which no citi-
zen of Soufh Carolina needs instruction — one common feeling inspires us
all with a fu-m determination not to submit to a species of legislation
which would light uji such fires of intestine commotion in our borders,
as ultimately to consume our country.
Lastly — It remains for your Committee to report what measures in
their judgment the Legislature ought to take in order to pieserve the
State sovereignty. This is an inquiry of awful importance, and the com-
mittee are not disposed to shrink from the duty thus devolved on them. ■
That the Congress of the United States has been in the exercise of pow-
ers, not warranted by the Constitution, and that the tendency of some
of their measures is calculated, seriously to impair the vital interests of
South Carolina, by diminishing her foreign commerce, whilst the
effect of other measures is to augment the patronage of the Gerreral Go-
vernment, and thus to diminish that necessary Htaie influence, which is
essential to the preservation of the State sovereignties, and which State
influence can only exist, when the States are to manage all internal con-
cerns, are truths daily becoming more and more evident to all our citi-
zens. South Carolina fc1t them sorely, but she has not murmured — from
the fc nidation of the government until tlie present time, she haa uniibrm-
ly exhibited, as your Committee believe, an ilhutrious example of a oteady
and an unalterable dovotion to the constitution of the L^nited States. She
has never at any time aiTayod herself against the Guivenmient of the
Union, but has discharged all her duties as a member of the great Ame-
rican family, with fidelity and cheerfulness. If she has not hitherto car-
240 STATUTES AT LARGE
Report y[Q(\ ]^Qr compluints to tlie great councils of the nation, it was not because
Resolutions. ^''^ ^^''^ ^"^ cause of dissatisfaction, but because she always cherished the
1827. hope that some re-action in public sentiment throughout the United States
might take ])lace, and that tlie Peo])le themselves would in time be made
sensible of the danger of a limited body, like that of Congress, being per-
mitted to transcend its powers, and would apply the remedy. But these
hopes your committee regret to state are all dissipated, and they too plain-
ly ]ierceive, that to submit longer to the evils of misrule founded on usur-
pation, can have no other tendency, than to invite sxich fresh assumptions
of power from time to time, as must inevitably merge all power and all
influence in one consolidated government.
It is fortunate for South Carolina that she has hitherto endured with
so much patience, and certainly with not less patriotism, the aggi'essions
of Congress upon her sovereign rights. B]it let her remonstrances be
couched and her complaints be told in a mild and dignified tone, and in
respectful language. In all her communications with the common head,
of the confederated family, let her unceasing anxiety for the Union of the
States, be seen, felt and acknowledged by all. If, after all her efforts to
dissuade the national councils from j^ersisting in claims, which if pressed,
farther, must inevitably cut us off", limb by limb, fiom the great body poli-
tic. Congress shall, contrary to the hopes of your committee, still perse-
vere in its claims to exercise extensive powers by construction, and thus
drive into alienated, feelings a portion of the Union, hitherto so devoted
to Union ; South Carolina, in such an event, will have at least the conso-
lation to know, that the fault will not be her's.
But in the opinion of your Committee, it is all-important that w^hatev-
er is to be done by South Carolina, ought to be so done, as to impress
upon the minds of the Congress of the United States, that she does not
at this conjuncture approach the National Legislature as a suppliant, or
as a memorialist, but as a Sovereign and an Equal. When Congress acts
within the sphere of its expressly delegated powers, the supremacy of its
laws and its powers must be acknowledged by all the States, and by
no State in the Union, will obedience to the deci'ees of the Supreme
Council be more cheerfully rendered, than by South Carolina. But when
the ground of complaint is, a violation of the great covenant which binds
together the Confederacy, each member is a sovereign, when it demands
a fulfilment of that compact in its spirit, as well as in its letter, as it
was when it originally ratified that agreement. In all communications,
therefore, which may be necessaiy between a member of the Confedera-
cy, and the common head, it behoves that men;iber not to forget her Rank
as a fiove reign. At such a time she must be attired in her full robes of
sovereignty — she must cause her sentiments to be conveyed to Congress
\\\ a manner so imposing, as to evince that she would have the intercourse
regulated as is proper between one sovereign and another ; and that
Avhilst she would earnestly solicit a continuance of that friendship and
good feeling, which has so long been characteristic of the American
family, she is yet unwilling to yield rights of vital importance. To the
safety of States, it is indispensable that Congress should be in perpetual
remembrance, that it is a sovereign and supreme body, only when it ex-
tends its authorify to its legitimate objects of government — and that at
ALL OTHEK pei'iods, the States are equally supreme, and never so supreme
as when they are about to demand the fulfilment of the original com-
pact. The sovereignty of the States is a flag that must never he struck.
If there be one feature in our well-contrived and complicated system
of government, which justly demands the admiration of the world — upon
OF SOUTH CAROLINA. 241
which the eye of the jKitriot loves to gaze — and the hopes of millions of Rkport
freeimni in bolli hemispheres seem to he suspended — it is that crintiivunce Rkho^utions
in the great work of the Constitution, by which one general and so many 1S27.
suboi'dinate and local sovereignties, all of them so many orbs, ditlerinf
from each other in magnitude and in splendour, most wonderfidly move
together in " concerted and harmonious action," diffusing the blessings
of the light of knowledge, and of civil and religious liberty, over a por-
tion of the globe made up of a people dissimilar and heterogeneous in
their habits, and differing from each other in almost every thing but in
their innate love of liberty and detestation of tyranny and misrule. Let
not then the harmony, order and connexion by which our compre-
hensive scheme of representative governments has been hitherto pre-
served, be interrupted by the falling of any of the orbs, from their
spheres, but let " their motions and their influence be all so regulated
and exercised, that whilst they shall in a very intelligible and striking
manner declare the wisdom" of their great author the Convention, and
for ever " constitute the magnificent heralds of a praise" which belongs
to that body, to which neither speech nor language is adetjuate ; they
shall at the same time distribute all that is necessary for the political hea.th,
comfort and security of all the inhabitants of the L^ited States.
In the opinion, however, of your Committee, this harmony of the Gene-
ral and State (.lovernments can only be preserved by the pi-omptest no-
tice, by the State Legislatures, of any infraction of the Constitution, how-
ever unimportant it may appear at the time, in its effects upon the gene-
ral community. In a system by which so many political bodies are to be
in constant motion, the most trifling abeiTation of any one, from the cir-
cuit in which it is designed to move, breaks up the gi'eat design. It thus
becomes an high duty in every State Legislature to use its best exertions
to bring back the government to its first princijiles, whenever it departs
fi'om the compact; and this, it may always do, with calmness, with mode-
ration, and yet with becoming firmness. If the L^nited States' Govern-
ment can construct one road or canal within the body of a State, it may
construct a thousand, and thus draw within the vortex of its influence,
what propej'ly belongs to the States. If Congress can expend one thou-
sand dollars to ])urposes not enumerated in the Constitution, it may ex-
pend an hundred millions, and in this way so increase its patronage by
jobs and contracts, as to leave little or nothing for the subordinate au-
thorities to do. If Congress can promote the domestic manufactures of
some States, it can, with the same propriety, encourage, at its caprice,
northern or southern agriculture, or other branches of internal industry,
and thus constantly to impinge upon the local concerns of the States. If
it can legislate in one Avay on the coloured population of the L^nited
States, it may legislate in various other ways. If, in a word, the Gene-
ral Government is to use constructive powers, or can pass any laws but
such as are necessary and proper to the execution of its enumerated pow-
ers, then is the object of the enumeration of powers in the instrument
defeated. In stepping aci-oss the boundaries of power prescribed by the
Constitution, there are no degrees in the guilt of that Government, which
is the trespasser, whether the trespass be committed liy the State, or the
Federal authorities. It is the intention which accompanies the act, that con-
stitutes the crime, and this intention is as much embodied into the guilt of
usurpation, if one dollar be taken out of the pockets of oiir citizens, to
encourage a monopoly, as if Congress, by one " fell swoop," were to
prostrate all the powers of the State Legislatures.
VOL. I.— 31.
242 STATUTES AT LARGE
Report If there be an evil in our country, the anticipation of which we ought
Resolutions. '^o dread, and which, if it ever weie to take place, would destroy civil
1827. freedom itself, it is that which would consolidate all the influence which
is now distributed between so many States, into the hands of the Federal
Government. From the consolidation of all influence, the transition is
natural and easy to the consolidation also of all poiver. Such a gfovem-
ment, in a country where the interests of its different sections must be
more or less dissimilar, would be the worst species of tyranny Avhich a
minority of some States could possibly endure by the oppression of others.
The only remedy,, as your Committee have already observed, is for the
State Legislatures to be watchful, and to remonstrate with Congress when
necessa^^^ That the period has amved, Avhen remonstrance is not only
proper, but its neglect would be a crime, seems to be the voice of South
Carolina.
The Committee, in confonnity with the above report, recommend the
adoption of the following resolutions :
1. Pccsohed, That the Constitution of the United States is a compact
between the people of the different States with each other, as separate,
independent sovereignties : and that for any ^^olation of the letter or spi-
rit of that compact by the Congress of the United States, it is not only
the I'ight of the people, but of the Legislatures, who represent them to
every extent not limited, to remonstrate against violations of the funda-
mental compact.
2. Resolred, That the Acts of Congi'ess, known by the name of Tariff
Laws, the object of which is not the raising of revenue, or the regula-
tion of foreign commerce, but the promotion of domestic manufactures,
are violations of the Constitution in its spirit, and ought to be repealed.
3. Resolved, That Congress has no power to construct roads and canals
in the States, for the purposes of internal improvement, with or without
the assent of the States in whose limits those internal improvements are
made: the authority of Congi'ess extending no farther than to pass the
^'necessary and proper laws" to cany into execution their enumerated
powers.
4. Resolred, That the American Colonization Society is not an object
of national interest, and that-Congiess has no power, in any way, to
patronize or direct appropriations for the benefit of this or any other so-
ciety.
5. Resolved, That our Senators in Congi'ess be instructed, and our Re-
presentatives requested to continue to oppose every increase of the tariff
with a view to frotect domestic manufactures, and all ap)p ropriations to the
purposes of internal improvements of the L'nited States, and all appropria-
tions in favour of the Colonization Society, ox \k\e patronage of the same,
either directly or indirectly by the General Government.
6. Resolved, That the Governor be requested to transmit copies of this
preamble and resolutions to the Governors of the several States, with a
request that the same be laid before the Legislatures of their respective
States; and also to our Senators and Representatives in Congress, to be
by them laid before Congress for consideration.
Resolved, That the Senate do agi-ee to the report. Ordered, That it be
sent to the House of Representatives for concurrence.
By order of Senate,
JOB JOHNSTON, c. e.
OF SOUTH CAROLINA. 24S
IN THE HOUSE OF REPRESENTATIVES, Ji"«'iT
AND
Dcccmhcr 19, 1827. REsor.uTtoNs.
Resolved, That llio House do concur in the Report. Ordered, That -.,^^-v-^w^
it be returned.
By order of the House,
R, ANDERSON, c. ii. u.
244 STATUTES AT LARGE
PROTEST AND INSTRUCTIONS
OF THE Legislature of South Carolina, on the right of Congress
TO impose protecting duties on imports.
(Pamplilet laics, reports and resolutions for 1828, 2^ages 17, 18, 19 J
December 19, 1828.
The Senate and House of Representatives of South Carolina,, now met
and sitting in General Assembly — through the Honorable William
Smith, and the Honorable Robert Y. Hayne, their representatives in
the Senate of the United States, do, in the name and on behalf of the
good people of the said Commonwealth, solemnly protest against the system
of pnjtecting duties lately adopted by the Federal Government, for the
following reasons : —
1. Because the good people of this Commonwealth believe that the
power's of Congress were delegated to it in trust for the accomplish-
ment of certain specified objects, which limit and controul them, and that
every exercise of them for any other purposes, is a violation of the
constitution, as unwarrantable as the undisguised assumption of substan-
tive independent powers not granted or expressly withheld.
2. Because the power to lay duties on imports is, and in its very
nature can be, only a means of effecting the objects specified by the
constitution ; since no free government, and least of all a government
of enumerated powers, can of right impose any tax (any more than a
penalty,) which is not at once justified by public necessity, and clearly
within the scope and perview of the social compact ; and since the right
of confining appropriations of the public money to such legitimate and
constitutional objects, is as essential to the liberties of the people, as
their unquestionable privilege to be taxed only by their own consent,
3. Because they believe that the Tariff" Law, passed by Congress at
its last session, and all other acts of which the principal object is the
protection of manufactures, or any other branch of domestic industry —
if they be considered as the exercise of a supposed power in Congress,
to tax the people at its own good will and pleasure, and to apply the
money raised to objects not specified in the constitution — is a violation
of these fundamental principles, a breach of a well defined trust, and a
perversion of the high powers vested in the Federal Government for
Federal purposes only.
4. Because such acts, considered in the light of a regulation of
commeice, are equally liable to objection — since although the power to
regulate commerce, may, like other powers, be exercised so as to pro-
tect domestic manufactures, yet it is clearly distinguished from a power
to do so CO nomine, both in the nature of the thing, and in the. common
OF SOUTH CAROLINA. 245
ncccptation of the terms ; and because the confoiindinjr of them would I'hotkst.
lead to the iiKJSt cxtravui'aiit results, since the encouraj^emfjnt of domes-
lie industry im])lics an absolute controul over all the interests, resources
and pursuits of a peo])le, and is inconsistent with the idea of any other
than a simule consolidated government.
5. Because, fi'om the cotcmporaneous exposition of the constitution,
in the nund)c'rs of the Federalist, (which is cited only because the Su-
preme Court has recognized its authoi-ity,) it is clear that the power to
regulate commerce was considered by the convention as only incidental-
ly connected with the encouragement of agricvdture and manufactures ;
and because the jiovver of laying imposts and duties on imports, was not
understood to justify in any case a pi-ohibition of foreign commodities,
except as a means of extending commerce by coercing foreign nations
to a fair reciprocity in their intercourse with us, or for some other bona
fide commercial purpose.
6. Because, that whilst the power to protect manufactures is no where
expressly granted to Congress, nor can be considered as necessary and
proper to carry into effect any specified power, it seems to be expressly
reserved to the states by the tenth section of tlie first article of the
constitution.
7. Because, even admitting Congi-ess to have a constitutional right to
protect manufactures by the imposition of duties or by regulations of
commei'ce, designed principally for that purpose, yet a Tariff of which
the operation is grossly unequal and oppressive, is such an abuse of
power, as is incompatible with the principles of a free government
and the great ends of civil society, justice and equality of rights and
protection.
8. Finally, because South Carolina, from her climate, situation, and
peculiar institutions, is, and must ever continue to be, wholly dependent
upon agriculture and commerce, not only for her prosperity, but for her
very existence as a state — because the abundant and valuable products
of her soil — the blessings by which Divine Providence seems to have
designed to compensate for the gj-eat disadvantages under which she
suffers in other respects — are among the very few that can be cultivated
■with any profit by slave labor — and if by the loss of her foreign com-
merce, these products should be confined to an inadequate market, the fate
of this fertile state would be poverty and utter desolation — her citizens in
despair would emigrate to more fortunate regions, and the whole frame
and constitution of her civil l^olity be impaired and deranged, if not
dissolved entirely.
Deeply impressed with these considerations, the Rej^resentatives of
the good people of this Commonwealth, anxiously desiring to live in
peace with their fellow citizens, and to do all that in them lies to presen-e
and perpetuate the union of the states and the liberties of which it is
the surest pledge — but feeling it to be their bounden duty to expose and
resist all encroachments upon the true spirit of the constitution, lest an
apparent acquiescence in the system of protecting duties .should be drawn
into precedent, do, in the name of the Commonwealth of South Carolina,
claim to enter upon the journals of the Senate, their protest against it, as
unconstitutional, oppi^cssive, and unjust.
H. DEAS, President of the Senate.
L. S. B. F. DUNKIN, Speaker of the House of Rej>rescH(atlv€s.
STEPHEN D. MH^LER, Governor.
g46 STATUTES AT LARGE
RESOLUTIONS ON THE RIGHT OF CONGRESS TO IMPOSE
PROTECTING DUTIES.
(PampMct Laws, Reports and Resolutions for 1828, p. 19 J
In the House of Representatives, December 20, 1828.
1. Resolved, That the opinion of this Legislature, on the subject of
the assumed right of Congress to regulate duties on imports, for the
purpose of encouraging domestic industry, as heretofore expressed in the
various resolutions adopted in the years 1825 and 1827, is unchanged ;
and after the further aggression by the passage of the Tariff Act of 1828,
this Legislature is restrained from the assertion of the sovereign rights of
the state, by the hope that the magnanimity and justice of the good people
of the Union will effect the abandonment of a system, partial in its nature,
unjust in its operation, and not within the powers delegated to Con-
gress.
2. Resolved, That the measures to be pursued consequent on the
perseverance in this system are purely, questions of expediency, and not
of allegiance ; and that for the purpose of ascertaining the opinion and
inviting the co-operation of other states, a copy of these and the resolu-
tions heretofore adopted by this legislature, be transmitted to the
Governors of the several states, with a request that they be laid before
the several Legislatures, to determine on such ulterior measures as they
may think the occasion demands. — Ordered to Senate for concurrence.
Bij order of the House. R. ANDERSON, C. H. R.
hi the Senate, Decemher 20, 1828,
Resolved, That the Senate concur. JOB JOHNSTON, C. S.
OF SOUTH CAROLINA. 247
EXPOSITION AND PROTEST
REPORTED BY THE SPECIAL COMMITTEE OF THE IIOl'SE OF REPRESEN-
TATIVES OF SOUTH CAROLINA ON THE TARIFF. *
Read and oi'dcred to he Pr'mled,
December 19, 182S.
The Committee of the Whole, to wliom were referred the Governor's Messa<Te, and
various memorials on the subject of the Tarifl', having reported, and the House having adopted
the following resolution, viz :
" Resolved, That it is expedient to protest against the uneonstitutionality and oppressive ope-
ration of the system of protecting duties, and to have such protest entered on the Journals of the
Senate of the United States — Also, to make public exposition of our wrongs, and of the reme-
dies within our power, to be communicated to our sister States, with a request that they will
co-operate with this State in procuring a repeal of the Tariff for protection, and an abandon-
ment of the principle ; and if the repeal be not procured, that they will co-operate in such
measures as may be necessary for arresting the evil."
"Resolved, That a Committee of seven be raised to carry the foregoing resolution into effect,"
which was decided in the affirmative, and the following gentlemen appointed on the committee,
viz ; James Gregg, D. L. Wardlaw, Hugh S. Legare, Arthur P. Hayne, William C.
Preston, William Elliott, and R. Barnwell Smith.
The Special Committee, to whom the above Resolution was re/erred, beg leave to report the follow-
ing Exposi(io7i and Protest —
EXPOSITION.
The Committee have bestowed on the subject referred to them the de-
liberate attention which its importance merits ; and the result, on full
investigation, is, an unanimous opinion, that the Act of Congress of the
last session, with the whole system of legislation imposing duties on im-
ports, not for revenue, but for the protection of one branch of industry,
at the expense of others, is unconstitutional, unequal and oppressive ;
* This document is omitted in the Pamphlet Laws, Reports and Resolutions of that Session.
The Editor has inserted it from the published copy of D. W. Sims, State Printer, Coliunbia,
South-Carolina, 1829.
248 STATUTES AT LARGE
Exposition calculated to corrupt the public morals, and to destroy the liberty of the
*'*", ... country. These propositions they propose to consider in the order stated,
1828. and then to conclude their report, with the consideration of the important
(juestion of the remedy.
The Committee do not propose to enter into an elaborate or refined
ar.oument on the question of the constitutionality of the Tariff system.
The general govenimeni is one of specific powers, and it can right-
fully exercise only the powers expressly granted, and those that may be
"necessary and proper" to carry them into effect; all others being resei'ved
expressly to the States, or to the people. It results necessarily that those
who claim to exercise a power under the constitution, are bound to shew
that it is expressly granted, or that it is necessary and proper as a means
to some of the granted powers. The advocates of the Tariff have offered
no such proof. It is true, that the third section of the first article of the
constitution of the United States authorizes Congress to lay and collect an
impost duty, but it is granted as a tax power, for the sole purpose of reve-
nue ; a power in its nature essentially different from that of imposing
protective or prohibitory duties. The two are incompatible ; for the
prohibitory system must end in destroying the revenue from impost. It
has been said that the system is a violation of the spirit and not the letter
of the constitution. The distinction is not material. The constitution
may be as grossly violated by acting against its meaning as against its
letter; but it may be proper to dwell a mom.ent on the point, in oi'der to
understand more fully the real character of the acts under which the
interest of this, and other States similarly situated, has been sacrificed.
The facts are few and simple. The constitution grants to Congress the
power of imposing a duty on imports for revenue, which power is abused
by being converted into an instrument for rearing up the industry of one
section of the country on the ruins of another. The violation then con-
sists in using a power granted for one object, to advance another, and
that by the sacrifice of the original object. It is, in a word, a violation
of perversion, XhQ most dangerous of all, because the most insidious and
difficult to resist. ' Others cannot be perpetrated without the aid of the
judiciary ; this may be, by the executive and legislative alone. The
courts by their own decisions cannot look into the motives of legislators —
they are obliged to take acts by their titles and professed objects, and if
they be constitutional they cannot interpose their power, however grossly
the acts may violate the constitution. The proceedings of the last session
sufficiently prove, that the House of Representatives are aware of the
distinction, and determined to avail themselves of the advantage.
In the absence of arguments drawn from the constitution itself, the ad-
vocates of the power have attempted to call in the aid of precedent. The
conimittee will not waste their time in exainining the instances quoted.
If they were strictly in point, they would be entitled to little weight.
Ours is not a government of precedents, nor can they be admitted^ except
to a very limited extent, and with great caution, in the interpretation of
the constitution, without changing in time the entire character of the in-
strument. The only safe rule is the constitution itself, oi-, if that be
doubtful, the history of the tinges. In this case, if doubts existed, the
journals of the convention would remove them. It was moved in that
body to confer on Congress the very power in question, to encourage
manufactures ; but it was deliberately withheld, except to the extent 'of
granting patent rights for new and useful inventions. Instead of granting
the power to Congress, permission Avas given to the States to impose du-
ties, with consent of that body, to encourage their own manufactures; and
OF SOUTH CAROLINA. 249
thus in the trao splint of justice, imposincr tlic burden on tliose who were Exposition
to be benefited. But giving to precedents whatever weight may be Protkst
claimed, the committee feel confident, that in this case there are none in iS28.
point, previous to the ado])tion of the present Tariff system. Every in-
stance which has been cited, may fairly l;e referred to the legitimate jjow-
cr of Congress to impose duties on imports for revenue. It is a neces-
sary incident of such duties to act as an encouragement to manufactures,
whenever imposed on articles which may be manufactured in our own
country. In this incidental manner Congress has the power of encour-
aging manufactm-es ; and the committee readily concede, that in the pas-
sage of an impost bill, that body may, in modifying the details, so arrange
the provisions of the bill, as far as it may be done consistently with its
proper object, as to aid manufactures. To this extent Congress may con-
stitutionally go, and has gone from the commencement of the government,
which will fully explain the precedents cited from the early stages of its
operation. Beyond this, tkcj/ never advanced until the commencement of
the present system, the inequality and oppression of which your commit-
tee will next proceed to consider.
The committee feel, on entering u])on this branch of the subject, the
painfid character of the duty they must perform. They would desire
never to speak of our country, as far as the action of the general govern-
ment is concerned, but as of one great whole, having a common interest,
Avhich all its parts ought zealously to promote. Previously to the adoption
of the Tariff svstem, such was the unanimous feeling of this State ; but
in speaking of its operation it will be impossible to avoid the discussion
of sectional intei'est, and the use of sectional language. On its authors,
however, and not on us, who are compelled to adopt this course in self-
defence, by the injustice and oppression of their measures — be the censure.
So partial are the effects of the system, that its burdens arc exclusively on
one side, and its benefits on the other. It imposes on the agricultural in-
terest of the South, including the South West, and that portion of our
commerce and navigation engaged in foreign trade, the burden not only
of sustaining the system itself, but that also of sustaining government. In
■ stating the case thus strongly, it is not the intention of the committee to
exaggerate. If exaggeration were not unworthy of the gi'avity of the
subject, the reality is such as to render it unnecessary.
That the manufacturing States, even in their own opinions, bear no
share of the burden of the Tariff in reality — we may infer with the great-
est certainty from their own conduct. The fact, that they incessantly de-
mand an increase of duties, and consider every addition as a blessing, and
a failure to obtain one, a curse, is the sti'ongest confession, that whatever
burden it imposes, in reality falls, not on them, but on others. Men ask
not for burdens, but for benefits. The tax paid by the duty on imports,
by which, with the exception of the receipts from the sale of the public
lands, the government is wholly supported, and which, in its gross amount
is annually equal to about 823,000,000, is then in truth no tax on them.
Whatever portion of it they advance, as consumei's of the articles on
which it is imposed, returns to them from the labour of others, with usu-
rious interest, through an artfully contrived system. That such are the
facts, the committee will proceed to demonstrate by other arguments, than
the confession of the party by its acts, conclusive as that ought to be con-
sidered.
If the duty were imposed upon exports instead of imports, no one
would iloubt its partial operation. It would clearly fall on those engaged
in rearing products for foreign markets, and as rice, tobacco and cotton
VOL. I.— 32.
250 STATUTES AT LARGE
Exposition constitute the great mass of our exports, such a duty would, of necessity.
Protest in''"ily ^^^^ on the Southern States, where they aie exclusively cultivated;
1828. and to prove that the burthen of the I'ariff also falls on them almost ex-
clusively, it is only necessary to shew, that, as far as their interest is con-
cerned, there is little or no difference between an export and an import
duty. We export to import. The object is, an exchange of the fruits of
our labour, for those of other countries. We have, from soil and climate,
a facility in rearing certain great agricultural staples, while other and
older countries, with a dense population, and capital greatly accumulated,
have equal facility in manufacturing various aiticles suited to our use ;
and thus a foundation is laid for an exchange of the products of labour,
mutually advantageous. A duty, whether it be laid on imports or exports,
must fall upon this exchange, and on whichever laid in our country, must
in reality be paid by the American producer ot the articles exchanged.
Such must be the operation of all taxes on sales or exchanges. The
owner in reality pays it, whether laid on the vender or purchaser. It
matters not in the sale of a tract of land, or any other article, if a tax
be imposed on the sale, whether it be paid by him who sells or him who
buys; the amount nnist, in both cases, be deducted from the price. Nor
can it alter, in this particular, the operation of such a tax, if imposed on
the exchanges of communities instead of individuals. Such exchanges
are but the aggregate of sales of the individuals of the respective coun-
tries, and must, if taxed, be governed by the same rules. Nor is it ma-
terial whether the exchange be barter or sale, direct or circuitous ; in
every case it must fall on the producer. To the growers of rice, cotton
and tobacco, it is the same whether the government takes one third of
what they raise, for the liberty of sending the other two-thirds abroad ; or
one third of the salt, sugar, iron, coffee, cloth and other articles they may
need in exchange, for the liberty of bringing them home ; in both cases
he gets a third less than he ought, a third of his labour is taken; yet the
one is an import and the other an export duty. It is true, that a tax on
the imports, by raising the price of the articles imported, may, in time,
produce the supply at home, and thus give a new direction to the exchan-
ges of a country ; but it is also true, that a tax on the exports, by dimin-
ishing at home the price of the raw material, may have the same eflect,
and with no greater burden to the grower. Whether the situation of
the South will be materially benefitted by this new direction to its ex-
changes, will be considered hei'eafter ; but whatever portion of our
foreign exchanges may in fact remain in any stage of this process of
changing her market, must be governed by the rule laid down. What-
ever duty may be imposed to bring it about, must fall on the foreign
trade which remains, and be paid by the Sot/tk almost, exclusively/ ; as
much so as an equal amount of duty on their exj^orts.
Let us now trace the operation of the system in some of its prominent
details, in order to understand with greater precision, the extent of the
burden it imposes on us, and the benefits which it confers, at our expense,
on the manufacturing States.
The committee, in the discussion of this point, will not aim at minute
accuT'acy. They have neither the means nor the time requisite for that
pui*[50se, nor do they deem it necessary, if they had, to estimate the frac-
tions of gain or loss on either sitle, in transactions of such great magni-
tude. The exports of domestic produce, in round numbers, may be
estimated as averaging $53,000,000 annually, of which, the States grow-
ing cotton, rice and tobacco, produce about #35,000,000. The average
value of the exports of cotton, tobacco and rice, for the last four years,
OF SOUTH CAROLINA. 251
exceed .f35,500,()U0, to which if we add ih)ur, hinibcr, corn, and various
other articles, exported from the same States, but which cannot be dis-
tinguished on tlie Custom House book.s from exports of the same descrip-
tion from the other States, the amount must be equal to that stated. Ta-
king it at that sum, the exi)orts of the Southern or stajjle States, and of
the other States, will then stand as 837,000,000 to 616,000,000, considera-
bly exceeding the proportion of two to one, while their population, esti-
mated in federal numbers, is the reverse, the former sending to tlie House
of Rcpi-esentatives 76 members and the latter 137. It follows that one
third of the Union exports near two thii'ds of the domestic products.
Such then is the amount of labour which our country annually exchanges
with the rest of the world, and such our propoition. The government is
supported almost entirely by a tax on this exchange, in the shape of an
import duty, the gross amount of which is annually about $'23,000,000, as
has been already stated. Previous to the passing of the act of the last
session, this tax averaged about 37^ per cent on the value of the imports.
What addition that has made, it is difficult with the present data to estab-
lish with precision ; but it is certainly short of the truth to state it to be
an average increase of 7J per cent. Thus making the present duty to
average at least 45 per cent, which on $37,000,000, the amount of our
share of the exports, will give the sum of 16,650,000, as our share of the
general contributions to the Treasury.
Let us take another and perhaps more simple and striking view of this
important point. Ex])orts and imports must be equal in a series of years.
This is a j)rinciple universally conceded. Let it then be supposed for
the purpose of illustration, that the United States were organized into
two separate and distinct Custom House eetablishments ; one for the sta-
ple States, and the other for the rest of the Union ; and that all commer-
cial intercourse between the two sections were taxed, in the same manner
and to the same extent with that now imposed on the commerce with
the rest of the World. The foreign commerce under the circumstances sup-
posed, would be carriedon from each section, direct with the rest of th6 woi'ld ;
and the imports of the Southern Custom House establishment, on the principle
that imports and exports must be equal, would annually amount to $37,-
000,000, which at 45 per cent, the average amount of the impost duty,
would give an annual revenue of 816,650,000, without increasing the
burden on the people of these States one cent. This would be the
amount of the revenue on the exchange of that portion of their products,
which go abroad; but if we take into the estimate the duty which would
accrue on the exchange of the products with the manufacturing States,
which now in reality is paid by the Southern States in the shape of in-
creased pi'ices, as a bounty to the manufactories, but which on the suppo-
sition would be paid, as a part of their revenue at the Custom House,
many millions more would have to be added.
But it is contended that the consumers really pay the impost, and, as
the manufacturing States consume a full share, in proportion to their pop-
ulation, of the articles imported, they must also contribute their full
share to the Treasury of the Union. The committee will not deny that
the consumers pay the duties, and will take it for granted that the con-
sumption of imported articles is in proportion to population. The man-
ufacturing States, however, indemnify themselves, and more than indem-
nify themselves for the increased price they pay on the articles they
consume, as has already been proved, by their confession, in a form which
cannot deceive, by their own acts. Nor is it difficult to trace the opera-
tion by which it is efiectcd. The very acts of Congress imposing burdens
252 STATUTES AT LARGE
Exposition on them, as consumers, give llicm the means, through the monopoly vvhlcli
PnoTEST ^^ ufibrds the manufacturers in the home maiket, not only of indemnifying
1828. themselves for the increased price on the imported aiticles which they con-
sume, but in a great measure of commanding the industry of the rest of the
Union. The argument urged by them for the adoption of the system, and with
much success is, that the price of property and products in the manufac-
turing States must be thereby increased, which clearly proves the benefi-
cial operation of the system on them, It is by this very increase of price,
which must be paid by their fellow citizens of the South, that the indem-
nity to the manufacturers is eflected , and by means of this the fruits of
our toil and labour, which on every principle of justice ought to belong
to ourselves, are transferred from us to them. The maxim that the con-
sumers pay, strictly applies to us. We are mere consumers, and desti-
tute of all means of transferring the burden from ourselves to otliers.
We may be assured, that the large amoimt paid into the treasury, under
the duties on imports, is really derived from the labor of some portion
of our citizens. The government has no mines. Some one must bear
the burden of its su]^port. This unequal lot is ours. We are the serfs
of the system, out of whose labor is raised, not only the money that is
paid into the Treasury, but the funds out of which are drawn the rich
reward of the manufacturer and his associate in interest. Their encour
agement is our discouragement. The duty on imjDorts, which is mainly
paid out of our labour, gives them the means of selling to us, at a higher
pi'ice, while we cannot, to compensate the loss, dispose of our products at
the least advance. It is then not a sul^ject of wonder, when properly
understood, that one section of country, though blessed by a kind Provi-
dence with a genial sun and prolific soil, from which spring the richest
products, should languish in poverty and sink into decaj; while the rest
of the Union, thougli less fortunate in natural advantages, is flourishing in
prosperity beyond example.
The assertion, that the encouragement of the industry of the manufac-
turing states, is in fact discouragement to ours, was not made without
due deliberation. It is susceptible of the clearest proof.
We cultivate certain great staples for the supply of the general mar-
ket of the world; and they manufacture almost exclusively for the home
market. Their object in the Tariff is to keep down foreign competition,
in order to obtain a monopoly of the domestic market. The effect on us
is to compel us to purchase at a higher price, both what we purchase
from them and from otliers, without receiving a corresponding increase
of price for what we sell. The price at which we can afford to culti-
vate, must depend on the price at which we receive our supplies. The
lower the latter, the lower we may dispose of our products with profit ;
and in the same degree our capacity of meeting competition is increased ;
on the contrary, the higher the price of oar supplies, the less the profit
at the same price, and the less consequently the capacity for meeting-
competition. If, for instance, Cotton can be cultivated at ten cents a
pound, under an inciease of 45 per cent, for what is purchased in return,
it is clear, we could cultivate it as profitably at 5^- cents, if the 45 per
cent were not added, and our capacity of meeting the competition of
foreigners in the general market of the world would be increased in the
same proportion. If we can now, with the increased prices under the
Tariff, retain our commerce, we would be able, with a reduction of 45
per cent in the prices of our supplies, to drive out all competition, and
thus add annually to the consumption of our cotton at lesst 300,000 bales,
with a corresponding increase of our annual income. The case, then.
OF SOUTH CAROLINA. 953
fairly stated between us and the maniifactiuiiia^ states, is, that tlio Tariflf Exposition
gives them a pn)hil)itii)n against foreign ccjnipctiticjn in our o\\ 11 market, ,, '*'?"
in the sale of their goods, and deprives us of the benefit of a coinpeti- 1828.
tioii of pun^hasers for our raw material. They who say that they cannot
compete with foreigners at their own doors without an advantage of near-
ly lifty per cent, expect us to meet them abroad, under a disadvantage
ecpial to tlunr encouragement. But the oppression, great as it is to us,
will not stop at this point. The trade between us and Europe has here-
tofoi-e been a mutual exchange of products. Under the existing duties,
the consumption of European fabncs must in a gi'eat measure cease in
our country, and the trade must become, on their part, a cash tiansac-
tion. But he must be ignorant of the principles of commerce, and the
policy of Eui'ope, particularly England, who does not see, that it is im-
possible to carry on a trade of such vast extent on any other basis but
that of mutual exchange of products ; and if it were not impossible, such
a trade would not long be tolerated. AVe already see indications of the
commencement of a commercial warfare, the termination of which can-
not be conjectured, though our fate may easily be. The last remains of
our great and once flourishing agriculture, must be annihilated in tlie con-
flict. In the first instance we will be thrown on the home market, which
cannot consume a fourth of our products ; and instead of supplyinor the
world, as we should with a free trade, we shall l)e compelled to abandon
the cultivation of three-fourths of what we now raise, and receive foi- the
residue, whatever the manufacturers, (who will then have tlieir policy
consimiraated, by the entire possession of their market, both exports and
imports,) may choose to give. Forced with an immense sacrifice of capi-
tal to abandon our ancient and favorite pursuit, to which our soil, climate,
habits and peculiar labor are adapted, we should be compelled, without
experience or skill, and with a population untried in such pursuits, to
attempt to become the rivals instead of the customers of the manufactur-
ing states. The result is not doubtful. If they, by superior capital and
skill, should keep down successful comjjetition on our part, we should be
doomed to toil at our vmprofltablc agriculture, selling at the prices which
a single and limited market might give. But on the other hand, if our
necessity should triumph over their capital and skdl, if, instead of raw
cotton, we should ship to the manufacturing states, cotton yam and cot-
ton goods, the thoughtfid must sec, that it would immediately bring about
a state of things which could not long continue. Those who now make
war on our gains would then make it on our labour. They would not
tolerate, that those, who n6w cultivate our plantations and furnish them
with the material and the market for the products of their arts, should,
by becoming their rivals, take bread out of the mouths of their wives
and children. The committee will not pursue this painful subject; but as
they clearly see that the system, if not arrested, must bring the country
to this hazardous extremity, neither prudence nor patriotism would permit
them to pass it by, without giving warning of an event so full of dan-
It has been admitted in the argument that the consumption of the manu-
facturing states, in ])roportion to population, was as great as ours. How
they, with their limited means of payment, if estimated by the exjiorts
of their own products, could consume as much as we, with our ample
exports, has been partially explained, but it demands a fuller considera-
tion. Their population iu round numbers may be estimated at 8,000,000,
and ours at 4,000,000, while the value of tlieir products exported com-
pared to ours is as sixteen to thirty-seven millions of dollars. If to the
254
STATUTES AT LARGE
aooregate of these sums, be added the profits of our foreign trade and
navit^ation, it will give the amount of the fund out of which is annually
paid the price of foreign articles consumed in this country. This ])rofit,
at least so far as it constitutes a portion of the fund out of which the
price of foreign articles is paid, is represented by the difference between
the value of the exports and imports, both estimated at our own ports,
and takino- the average of the last five years, amounts to about $4,000,000.
The forei'-m trade of the country being princijmlly in the hands of the
manufacturing states, we will add this sum to their means of consump-
tion, which will raise theirs to ,1i)20,000,000, and will place the relative
means of consumption of the two sections, as twenty to 37,000,000 of
dollars ; while on the supposition of equal consumption according to
poiiulation estimated vn federal numbers, their consumption would amount
to thirty-eight and ours to nineteen millions of dollars. Their consump-
tion would thus exceed their capacity to consume, if judged by the value
of their exports and the profits of their foreign commerce, by eighteen
millions ; while ours, judged the same way would fall short by the same
sum. The inquiry which naturally presents itself on this statement is,
how is this great change in the relative condition of the parties, to our
disadvantage, effected. The committee will proceed to explain this. It
obviously grows out of their connection with us. If they were entirely
separate, without political or commercial connection, it is manifest, that
the consumption of the manufacturing states of foreign articles could not
exceed twenty millions, the sum at which the value of their expoits, of
domestic products, and the profit of their foreign trade, is estimated. It
would in fact be much less, as the profits of foreign navigation and com-
merce which have been added to their means, depend almost exclusive-
ly on the o-reat staples of the south, and would be deducted from their
means if no connection existed. On the contrary, it is equally manifest,
that the means of the south to consume the products of other countries,
would not be materially effected, in the state supposed. Let us then in-
quii-e, what are the causes growing out of this connection, by which so
great a change is made. They may be comprehended under three, the
custom-house, the appropriations, and the monopoly of the manufacturers,
under the Tariff' system, all which are so intimately blended, as to con-
stitute one system, which its advocates, by a perversion of all that is as-
sociated witli the name, call the American System. The Tariff" is the
soul of the system. It has already been proved that our contribution
through the Custom-House to the Treasury of the Union, amounts annu-
ally to $16,650,000, whjch leads to the inquiry, what becomes of the
amount of the products of our labour, placed by the operation of the
system at the disposal of Congress. One point is certain, a very small
siiare i-cturns to us, out of whose labour it is extracted. It would require
much investigation to state with precision, the proportion of the public
revenue disbursed annually in the southern and other states respectively ;
but the committee feel a thorough conviction on an examination of the
annual appropriation acts, that a sum much less than two millions of dol-
lars falls to our share of the disbursements, and that it would be a mode-
rate estimate to place our contribution, above what we receive back,
through all the appropriations, at fifteen millions; constituting, to that
great amount, an annual, continued and uncompensated draft on the in-
dustry of the southern states, through the Custom-House alone. This
sum deducted from the $37,000,000, the amount of our products annually
exported, and added to the $20,000,000, the amount of the exports of the
other states, with the profit of foreign trade and navigation, would reduce
OF SOUTH CAROLINA. 2.5i
our mcmi.s of con-iumiition to $22,000,000 and raise theirs to .S.l.j.OOO.OOO, Exposition
still leaving •'it;;}, 000,000 to bo accounted i'oi'; this may l)(! readily explain- protest.
ed, by the operation of the remaining branch of the system, the monopo- 1828.
ly afforded to the manufacturers in our own market, which emjiowers
them to force their goods on us at a price equal to the foreign article of
the same description, with the addition of the duty, thus receiving in ex-
change our products to be shipped on their account, and thereby increas-
ing their means and diminishing ours in the same projiortion. But this
constitutes but a small part of our loss under this branch. In addition to
the $37,000,000 of our products, which are shipped to foreign markets,
a very large amount is annually sent to the other states for their own use
and consumption. The article of cotton alone is estimated at 1.50,000
bales, which valued at .1^30 per bale, would amount to $4,-500,000, and
constitutes a part of this forced exchange.
Such is the process, with the amount in part of tlic transfer of our pro-
perty annually to other sections of the country, estimated on the supposi-
tion that each section consumes of imported articles an amount in pro-
portion to its population ; but the committee are aware that they have
rated our share of the consum])tion far higher than the advocates of the
system have placed it. Some of them rate it as low as -So, 000, 000 annu-
ally, not perceiving by thus reducing oui's and adding to that of the manu-
facturing states, in the same proportion, they demonstrably prove how
oppressive the system is to us and gainful to them, instead of showing,
as they suppose, how little we are affected by its operation. Our very
complaint is, that we are not permitted to consume the fruits of our la-
bour ; but that through an artful and complex system, in violation of eve-
ry principle of justice, they are transferred from us to others. It is in-
deed wonderful, that those who profit by our loss, (blinded as they are
by self-interest,) never thought to enquire, when reducing our consump-
tion as lOk/ as they have, what became of the immense amount of the
product of our industry, which was annually sent out in exchange with
the rest of the world ; and if ice did not consume its proceeds, vlw did,
and by what means. If, in the ardent pursuit of gain, such a thought had
occurred, it would seem impossible that all the sophistry of self-interest,
delusive as it is, could disguise from their view our deep oppression, under
the operation of the system. Your committee do not intend to represent,
that the commercial connection between us and the manufacturing states
is wholly sustained by the Tariff system. A great, natural and jjrofitable
commercial communication would exist between us without the aid of
monopoly on their part, which with mutual advantage, would transfer a
large amount of their products to us, and an equal amount of ours to them,
as the means of carrying on their commercial operations with other coun-
tries. But even this legitimate commerce is made unequal and burthen-
some by the Tariff system, which by raising the price of capital and la-
bour in the maiuifacturing states, raises in a corresponding degree the
price of all articles in the same tjuarter, as w-cW. those ])rotecteil as those
not protected. That such would be the effect, we know lias been much
urged in argument, to reconcile all classes in those states t(j the system,
and with such success, as to leave us no room to doubt its conectness ; and
yet, such are the strange contradictions in which the advocates of an unjust
cause must ever involve themselves, when they attempt to sustain it by
reas'.tu, that the vexy persons \vho urge the adoption of the system in one
quarter by holding out the temptation of high juices for all they make,
turn round and gravely inform us that its tendency is to depress and not
to advance prices. The capitalist, the farmer, the wool-grower, the me-
256 STATUTES AT LARGE
chanic and labourer in the manufacturing states, are all to receive higher
rates, while we who consume, are to pay less for the products of their
labour and capital. The obvious absurdity of these arguments leaves no
room to doubt that those who advance them, are conscious that the proof
of the partial and oppressive operation of the system, is unanswei-able,
if it be conceded that we pay in consequence of it, higher prices for
what we consume. If it, were possible to meet that conclusion on other
grounds, it could not be that men of sense would venture to encounter
such palpable contradictions ; for so long as the wages of labour and the
rate of interest constitvite the jjrinci^jal elements of price, as they ever
must, the one or the other argument, that addressed to us or that to the
manufacturing states, must be false. But in order to have a clear concep-
tion of this important point, the committee propose to consider mOre
fully the assertion, that it is the tendency of high duties, by affording
protection, to reduce instead of increasing prices ; and if they ai-e not
greatly mistaken, it will prove, on examination, to be utterly erroneous.
Before entering into the discussion, and in order to avoid misapprehen-
sion, the committee will admit that it is perhaps possible for a country
to hnd itself in such a situation in regard to its manufacturing capacities,
that the interposition of the Legislature, by encouragmg their develope-
ment, may effect a permanent reduction of prices — but a comparison of
the elements which constitute price here, and in England, will demon-
strate that such a result cannot take place in this country.
In the United States, the wages of labour are one hundred and fifty
per cent higher than in England. The profits of capital are one hundred
per cent higher — while the price of the raw materials is higher in
England only by the cost of the freight, which is certainly not above
twenty five per cent. Combining these elements in their due propor-
tion, and making every plausible allowance in favor of our own manu-
factures, and the result will be, that the manufactured article here must
cost more than eighty per cent higher than the same article in
England. The circumstances of the country, therefore, are not such
as to permit us to calculate on a reduction of prices, as the result of
the protecting system — but an enhancement of them by the erection
of an artificial monopoly. It is therefore clearly our interest that such
a monopoly should not be created, and that our market should afford,
a free open competition to all the woi'ld. The effect would be a
reduction of price on all we consume.
Having answered the argument in the abstract, the committee will
not swell their report by considei'ing the vaiious instances which have
been quoted to shew that prices have not advanced sin^e the com-
mencement of the system. We know that they would instantly fall
nearly fifty per cent if the duties were removed, and that is suflScient
for us to know. Many and conclusive reasons might be urged to show
why prices have declined, since the period referred to ; the fall of the
price of the raw materials ; the increase of capital and competition ; the
effects of the return of peace ; the immense reduction in the circulating
medium by subtracting from circulation a vast amount of paper, both
in this country and in Europe ; the im^irovements in the mechanical arts ;
and the great improvements in the use of steam, and in the art of
spinning and weaving.
We are told by those who pretend to understand our interests better
than we do ourselves, that excess of production, and not the tariff, is
the evil that afilicts us ; and that our true remedy is a reduction of the
quantity of cotton, rice and tobacco which Ave raise, and not a repeal
OF SOUTH CAROLINA. 257
of the tariflf. They assert that low prices are necessary consequences Exposition
of excess of supply, aud that the only proper correction is in diminishing I'kote'st.
the quantity. We should feel more disposed to respect the spirit in 1828.
whicli the advice is offered, if those from whom it conies accompanied
it with the weight of their example. They also complained much of low
prices, but instead of diminishing the supply as a remedy, they demand-
ed an enlaro-ement of their market by the exclusion of all competition
in tlie home market. Oxer market is the toorld ; and as we cannot
imitate their example by enlarging it for our products to the exclusion
of others, we must decline to follow their advice; which in truth, instead
of alleviating, would greatly increase our embarrassment. We have no mo-
nopoly in the sujiply of our products. Tlu-ee fourths of the globe may pro-
duce them. Sliould we reduce our production to raise prices, others
stand ready, by increasing theirs, to take our place ; and instead of
raising prices, we should only diminish our share of the supply. We
are thus compelled to produce, be the price what it may, under the
penalty of losing our market. Once lost, it may be lost forever. And
lose it we must, if we continue to be compelled as we now are, on the
one hand by the general competition of the world to sell low, and on
the other, by the tariff" to buy high. We cannot withstand this double
action. Our ruin must follow. In fact, our only permanent and safe
remedy is, not the rise in the price of what we sell, from which we
can receive no aid from our government, but in a reduction in the
price of what we buy; which is prevented by the interference of the
governjnent. Give us a free and open competition in our owti market,
and we fear not to encounter like competition in the general markets
of the world. If, under all our discouragements by the acts of our
own government, we are still able to contend with these against
the world, can it be doubted if the impediment were removed Ave
should force out all competitors, and thus also enlarge our market,
not by the oppiession of our fellow citizens of the other states, but
by our industry, enterprize and natural advantages.
But while the system ])revents this great enlargement of our foreign
market, and endangers what we have left, its advocates attempt to console
us by the growth of the home market for our products, which, accor-
ding to their calculation, is to compensate us amply for all our losses ;
though in the leading article of our products, cotton, the home market
now consumes but a sixth, and with an absolute prohibition would not
consume more than a fifth. In the other articles, rice and tobacco, it is
even much less.
But brilliant prospects are held out of a great export trade in cotton
goods, which we are told is to demand an immense amount of the raw
material. To what countries are the goods to be shipped? Not to
Europe, for there we will meet prohibition for prohibition; not to the
southern portion of this continent, for already they have been taught
to imitate our prohibitory policy. The most sanguine will not expect
extensive or profitable markets in the other portions of the globe. But
admitting that no other impediment existed, oui system itself is an
effectual barrier against extensive exports of our manufactured articles.
The very means which secures the domestic market, must lose the
foreign. High prices are an effectual stimulus, when enforced by a
monopoly, as in our own market, but they are fatal to competion in the
open and free market of the world. Besides, when manufactured
articles are exported, they must follow the same law to which the
products of the soil arc subject, when they are also exported. They
VOL. L— 33.
258
STATUTES AT LARGE
Exposition will be sent out in order to be exchanged with the products of other
countries ; and if these products be taxed on their introduction, as a
back return, it has been demonstrated that like all other taxes on
exchange, it must be paid by the producer. The nature of the operation
will be seen, if it be supposed, in their exchange with us, instead
of receiving our products free of duty, the manufacturers had to pay
forty five per cent on the back return of the cotton and other products,
Avhich they receive from us in exchange. If to these insuperable
impediments to a large export trade, be added, that our country rears
the products of almost every soil and climate, and that scarcely an
article that can be imported, but what may come in competition with
some of the products of our arts or our soil, and consequently ought
to be excluded on the principles of the system, it must be ajaparent that
the system itself, when perfected, will essentially exclude all exports,
unless we should charitably export for the supply of the wants of others,
without the expectation of a return. The loss of the exports, and
with it the imports also, must in truth be the end of the system. If
we export, we must import, and the most simple and efficient system to
secure the home market, would in fact be to prohibit exports ; and as
the constitution only jirohibits duties on exports, and as duties are not
proliibition, we may yet witness this modification of the American
system.
The committee deemed it more satisfactory to explain the operation
of the system on the southern states generally, than its peculiar opera-
tion on this. In fact they had not the data, had they the inclination,
to separate the oppression under which this state labors, from that of
the other staple states. The fate of one must be that of all.
The committee have considered the question in its relative effects on
the staple and manufacturing states, comprehending under the latter all
the states who advocate the Tariff' system. It is not for them to deter-
mine whether all those states have equal interest in its continuance.
It is manifest that their situation is very different. "While in some the
manufacturing interest wholly prevails, others are divided between that
and the commercial and navigating interest, and in a third, the agricul-
tural interest greatly predominates ; as is the case with all the western
states. It is difficult to conceive what real interest the last can have in
the system. They manufacture but little, and must consequently draw
their supplies principally from abroad or from the manufacturing, states, and,
in either case, must pay the increased price in consequence of the duties,
while at the same time the tariff" must necessarily diminish, if not
destroy, their trade with us. From the nature of our commercial
connexion with them our loss must precede theirs, but theirs will with
certainty follow, unless compensation for the loss of our trade can be
found somewhere in the system. Its authors have informed us that it
consists of two parts, of which jyrohihition is the essence of one, and
appropriation of the other. In both capacities, it impoverishes us, and in
both, enriches the manufacturing states. The agricultural states of the
west are differently affected. As a protective system, they lose in com-
mon with us ; and it will remain for them to determine, whether an
adequate compensation can be found in apypropriation, for the steady
and rich return which a free exchange of the produce of their fertile
soil with the staple states must give, provided the latter be left in full
possession of their natural advantages.
It remains to be considered, in tracing the pff'ects of the system,
whether the gains ol' one section of the country will be equal to the
OF SOUTH CAROLINA. 2r>9
loss of the otlici". If such were the fact — if all we lose be gained by Exposition
the citizens of the other section, we would at least have the satisfaction Protest
of thiukiiiijf, that however unjust and oppressive, it was Itut a transfer 1828.
of property, without diminishii^ the wealth of the coinniuiiity. Such,
however, is not the fact, and to its other mischievous cousetjueuces, we
must add, that it destroys mucli more than it transfers. Industry cannot
be forced out of its natural (ihannel, without loss. The exact amount
of loss, from such intermeddling, may be difficult to ascertain, but it is
not therefore the less certain. The committee will not undertake to
estimate the millions which are annually lost to our country under the
existing system ; but some idea may be formed of its magnitude, by
stating that it is at least equal to the diffei-ence between the profits of
our manufactures and the duty impo.sed for their protection, when it is
not prohibitory. The lower the pi-ofit the higher the duty, if not
prohibitory, the greater the loss. If, with these certain data, the evi-
dence reported by tiie committee on manufactures at the last session of
congress, be examined, a correct opinion may be formed of the extent
of the loss of the country, provided the manuf;icturcrs have fairly stated
the case. With a duty of almost fifty per cent on the leading articles
of consumption (if we are to credit the testimony reported,) the manu-
factui'ers did not receive generally a profit equal to the legal rate of
interest, which would give a loss of about forty per cent on their
products. It is different with the foreign articles of the same descrip-
tion. On such, at least, the country loses nothing. There the duty
passes into the treasury, lost indeed to the Southern planters, out of
whose labor directly or indirectly it must for the most part be paid ; but
transferred through appropriations ; and well may its advocates affirm,
that they constitute an essential feature of the American system. Let
this conduit, through which it is so profusely supplied, be intercepted,
and we feel confident, that scarcely a state, except those really manufac-
turing, would tolerate its burden. A total prohibition of importation, by
destroying the revenue and thereby the means of making approj)riations,
would in a short period destroy it. But the excess of its loss over its
gains, leads to the consolatory reflection, that its abolition would relieve
us much more than it would embarrass the manufacturing states. We
have suflered too much to desire to see othei's afflicted, even for our
relief, when it can possibly be avoided. We should rejoice to see our
manufactures flourish on any constitutional principle consistent with
justice and the public liberty. It is not against them, but the means by
which they have been forced to our ruin, that we object. As far as a
moderate system, founded on import for revenue, goes, we are willing to
aftord protection, though we clearly see that even under such a system,
the national revenue would be based on our labours, and be paid by our
industry. With such constitutional and moderate protection the manu-
facturer ought to be satisfied. His loss would not be so great as might
be supposed. If low duties would be followed by lower prices, they
would also diminish the cost of maiuifacturing, and thus the reduction of
profit would be less in proportion than the reduction on the prices of the
article. Be that, however, as it may, the general government cannot
proceed beyond this point of protection, consistently with its powers,
and with justice to the whole. If the manufacturing states deem farther
protection necessary, it is in their power to aflbrd it to their citizens
within their own limits, against foreign competition, to any extent that
they may judge expedient. The constitution authorizes them to lay an
impost duty, with the consent of congi-ess, which doubtless would be
260 STATUTES AT LARGE
given ; and if this bo not sufficient, they have the additional power of
giving a direct bounty for their encouragement, Avhich the ablest writers
on the subject concede to be the least burdensome and most efficient
mode, if indeed encouragement be in any case expedient. Thus those
who are to be benefited will bear the burden, as they ought ; and those
who believe that it is wise and just to protect manufactures l^y legisla-
tion, may bave the satisfaction of doing it at their own expense, and not
at the expense of the citizens of other States, who entertain precisely the
opposite opinion.
The committee having presented its views on the partial and oppres-
sive operation of the system, will now proceed to discuss the next position
which they proposed — That its tendency is to coiTupt the government
and destroy the liberties of the country.
If there'be a political proposition imiversally true, one which springs
directly from the nature of man, and is independent of circumstances, it
is, that irresponsible power is inconsistent with liberty and must corrupt
those who exercise it. On this great principle our political system rests-
We consider all powers as delegated from the people and to be controul-
ed by those who are interested in their just and proper exercise ; and
our governments, both state and general, are but a system of judicious
contrivances to bring this fundamental principle into fair practical opera-
tion. Among the most permanent of these is the responsibility of repre-
sentatives to their constituents, through frequent periodical elections.
Without such a check on their powers, however clearly they may be de-
fined and distinctly prescribed, our liberty would be but a mocke^ry. The
government, instead of being devoted to the general good, would speedi
]y become but the instrument to aggrandize those who might be entrust-
ed with its administration. On the other hand, if laws were uniform in
their operation ; if that which imposed a burden on one, imposed it alike
on all ; or that which acted beneficially for one, should act so for all, the
responsibility of representatives to their constituents, would alone be suf-
ficient to guard against abuse and tyranny, provided the people be suf-
ficiently intelligent to understand their interests, and the motives and
conduct of their public agents. But if it be supposed that from diversi-
ty of interest in the several classes of the people and sections of the
country, laws act differently, so that the same law, though couched in gene-
ral terms and apparently fair, shall in reality transfer the power and pros-
perity of one class or section to another ; in such case, responsibility to
constituents, which is but the means of enforcing the fidelity of represen-
tatives to them, must jn-ove wholly insufficient to preserve the purity of
public agents, or the liberty of the country. It would, in fact, be inap-
plicable to the evil. The "disease would be in the community itself; in
the constituents, not in the representatives. The opposing interests of the
community would engender necessarily opposing hostile parties, organi-
zed on this very diversity of interest ; the stronger of which, if the gov-
ernment provided no efficient check, would exercise unlimited and un-
restrained power over the weaker. The relations of equality between
them would thus be destroyed, and in its place there would be substitu-
ted the relation of sovereign and subject, between the stronger and the
weaker interest, in its most odious and oppressive form. That this is a
possible state of society even when the representative system prevails, we
have high authority. Mr. Hamilton, in the 51st No. of the Federalist,
says, " It is of the greatest importance in a republic not only to guard
society against the oppression of its rulers, but to guard one part of the
society against the injustice of the other part. Diffei'ent interests neces-
OF SOUTH CAROLINA. 201
sarily exist in different classes of cilizons. If a majority be uniteil by a >'*i'OfiiTio.s
common interest, the rights of the minority will be insecure." Again, I'kotest.
" In a society iintler the forms of which the stronger faction can readily 1«28.
unite and oppress the weaker, anarcliy may be said as truly to reign as in
a state of nature, where the weaker individual ia not secured against the
violence of the stronger." We have still higher authority, the unluippy
existing examples, of Vv'hich we are the victims. The committee have
labored to little purpose if they have not demonstrated, that the very case
which Mr. Hamilton so forcibly describes, does now exist in our coun-
try, under the name of the " American System ;" which if not speedily
arrested must be followed by all the consequences that never fail to
spring from the exercise of irresponsible power. On the great and vital
j)oint, the industry of the country, which comprehends nearly all the
other interests, two great sections of the Union are opposed. We want
free ti'ade ; they, restrictions. We want moderate taxes, frugality in the
government, economy, accountability, and a rigid application of the pub-
lic money, to the payment of the public debt, and the objects authorized
by the constitution ; in all these particulars, if we may judge by expe-
i-ienc;e, their views of their interest are the opposite. They act and feel
on all questions connected with the American System, as sovereigns ; as
those always do who impose burdens on others for their own benefit ; and
we, on the contrary, like those on whom such burdens are imposed. In a
word, to the extent stated the country is divided and organized into two
great oi)})Osing parties, one sovereign and the other subject ; marked by
all the characteristics v/hich must ever accompany that relation, under
whatever form it may exist. That our industiy is controuled by the ma-
ny, instead of one, by a majority in Congress elected by a majority in
the community having an opposing interest, instead of hereditary rulers,
forms not the slightest mitigation of the evil. In fact, instead of mitiga-
ting, it aggravates. In our case one opposing branch of industry cannot
prevail without associating others, and thus instead of a single act of oppres-
sion we must boar many. The history of the woollens' bill wnW illustrate
the truth of this position. The woollen manufacturers found they were
too feeble to enforce their exactions alone, and of necessity resorted to
the expedient, (which will ever be adopted in such cases,) of associa-
ting their interests till a majority was formed ; the result of which was in
this case, that instead of increased duties on woollens alone, which would
have been the case if that inteiest alone governed us, we have to bear
increased duties on more than a dozen of the leading articles of consump-
tion. It would be weakness to attempt to disguise the fact, on a full
knowledge of \vhich, and of the danger which it threatens, the hope of
deriving some means of security depends ; that diffei-ent and opposing
interests do, and must ever exist in this country, against the danger of
which reprcficntafioti affords not the slightest protection. Laws, so far
from being uniform in their operation, are scarcely ever so. It requires
the greatest wisdom and moderation to form over any countrj', a system
of equal laws ; and it is this vej-y opposition of interest, which in all as-
sociations of men for common pur]5oses, be they public or private, consti-
tutes the main difficulty in forming and administering free and just go-
vernments. Liberty comprehends the idea of ratjwi/s/hle power, that those
who make and execute the laws should be controuled by those on whom
they operate ; that the governed should govern. Thus to prevent rulers
from abusing their trust, consdtuents must co'ntroul them through elec-
tions ; and so to i)rcvent the major from ()2)jiressing the minor interests
of society, the constitution must provide (as the committee hope to prove
262 STATUTES AT LARGE
Exposition it does,) a check founded on the same principle, and equally efficacious,
P oTEST ^^ ^'^'^^ '''^^ abuse of delegated power, and the tyranny of the greater over
1828. ' the lesser interests of society, are the two great dangers, and the only two,
to be guarded against ; and if tJteij be effectually guarded, liberty must
be eternal. Of the two, the latter is the greater danger, and most diffi-
cult to check. It is less perceptible. Every circumstance of life teaches
us the liability of delegated power to abuse. We cannot appoint an
agent without being admonished of the fact ; and therefore it has become
well understood, and is suiHciently guarded against in our political insti-
tutions. Not so with the other and greater danger. Though it exists hi
all associations, the law, the courts, and the government itself, are checks
to its extreme abuse in most cases of private and subordinate companies,
which prevents them from disjolaying their real tendency. But let it be
supposed that there was no paramount authority, no court, no govern-
ment to controul, what sober individual, who intended to act honestly,
would place his pro])erty in joint stock with any number of individuals,
liowever repectable, to be disposed of by the unchecked will of the ma-
jority, whether acting in a body as stockholders, or through representa-
tion by a direction 1 Who does not see, that sooner or later, a major and
a minor interest would spring up, and that the former would in a short
time monopolize all the advantages of the concern. And what is govern-
ment itself but a joint stock company, which comprehends every interest,
and which, as there can be no higher power to restrain its naturaul ope-
ration, if not checked by its peculiar organization, must follow the same
law 1 The actual condition of man in every country, at this and all pre-
ceding periods, attests the truth of the remark. No government based
on the naked principle, that the majority ought to govern, however true
the maxim in its proper sense and under proper restrictions, ever preserved
its liberty, even for a single generation. The history of all has been the
same, injustice, violence and anarchy, succeeded by the government of
one, or a few, under which the people seek refuge from the more op-
pressive despotism of the majority. Those governments only which
provide checks, which limit and restrain within proper bounds the power
of the majority, have had a prolonged existence, and been distinguished
for virtue, power and happiness. Constitutional goverament, and the
government of a majority, are utterly incompatible, it being the sole pur-
pose of a constitution to impose limitations and checks upon the majori-
ty. An unchecked majority is a despotism — and government is free, and
will be permanent in proportion to the number, complexity and efficiency
of the checks, by which its powers are controuled.
The committee entertain no doubt, that the present disordered state
of our political system originated in the diversity of the interests of the
several sections of the country. This very diversity the Constitution
itself recognizes ; and to it owes one of its most distinguished and pecu-
liar features, the division of the sovereign power between the state and
general government. Our short experience before the formation of the pre-
sent government had conclusively shewn, that while there were powers
which were in their nature local and peculiar, and which could not be
•exercised by all, without oppression to some of the parts ; so also there
were those which in their operation necessarily affected the whole, and
could not therefore be exercised by any one of the parts, without affect-
ing injuriously the others. To a certain extent we have a community of
interest, which can only b^ justly and fairly supervised by concentrating
the will and authority of the whole in one general government ; while,
at the same time, the states have distinct and sej^arate interests, which
OF SOUTH CAROLINA. 203
cannot be consolidntcd in the general power, without injustice and op- Exposition
})ression. Thence the division of the sovereign power ; and it is upon Protest.
this distribution of power, that t\w whoh; system of our government rests. 1828.
in drawing the Hue between the general and state goveniments, the ^-^^^r'^^^y
great difficulty consisted in d(^tei-mining correctly to which the various
political powers belonged. Tliis difficult duty was, liowever, peiTormed
with so much success, that, to this day, there is an almost uniform ac-
quiescence in the correctness with which it was executed. It would be
extraordinary if a system thus based, with profound wisdom, on the di-
versity of geographical interests, should make no provision against the
danger of their conflict. The framers of our constitution have not ex-
posed themselves to the imputation of such weakness. When their work
is fairly examined, it will bo found, that they have provided, with admira-
ble skill, the most effective remedy, and that if it has not prevented the
ap])roach of the dangers, the fault is not theirs, but ours, in neglecting
to make the proper application of it. The powers of the general govern-
ment are particularly enumerated, and specifically delegated ; all others
are expressly reserved to the states and the people. Those of tlie gene-
ral government are intended to act unifomily on all the parts, the residue
are left to the states, by whom alone, from the nature of these powers,
they can be justly and fairly exercised.
Our system then consists of two distinct and independent sovereignties.
The general powers conferred on the general government, are subject to
its sole and separate contioul, and the States cannot, without violating the
constitution, interpose their authority to check, or in any manner counter-
act its movements, so long as they are confined to its proper sphere ; so
also the peculiar and local powers reserved to the States, are subject to
their exclusive controul, nor can the general government interfere with
them, without on its part also violating the constitution. In order to
have a full and clear conception of our institutions, it will be proper to
remark, that there is in our system a striking distinction between the go-
vernment and the sovereign power. Whatever may be the true doctrine
in regard to the sovereignty of the States individually, it is unquestionably
clear that while the government of the Union is vested in its legislative,
executive and political departments, the actual soveieign power resides
in the several States, who created it, in their separate and distinct politi-
cal character. But by an express provision of the constitution it may be
amended or changed, by three fourths of the States ; and each State, by
assenting to the constitution with this provision, has surrendered its origi-
nal rights as a soveieign, which made its individual consent necessaiy to
any change in its political condition, and has placed this important power
in the hands of three-fourths of the States ; in which the sovereignty of
the union under the constitution does now actually reside. Not the
least portion of this hitrh sovereign authority, resides in Congress or any
of the departments of the general government. They are but the crea-
tures of the constitution, appointed but to execute its provisions, and
therefore, any attempt in all or any of the departments to exercise any
power definitely, which in its consequences may alter the nature of the
instrument or change the condition of the parties to it, would be an act
of the highest political usurpation. It is thus, that our political system,
recognizing the opposition of geographical interests in the community,
has provided the most efficient check against its dangeis. Looking to
facts and not mere hypothesis, the constitution has made us a community
only to the extent of our common interest, leaving the States distinct and
independent, as to their pecidiar interest*!, and has drawn the line of sep-
264 STATUTES AT LARCIE
aratlon with consummate skill. The gi'eat question, however, is, what
means are pi"ovided by our system for the purpose of enforcing this fun-
damental provision. If we look to the practical operation of the system,
we will find, on the side of the States, not a solitary constitutional means
resorted to, in order to protect their reserved rights against the encroach-
ment of the general government, while the latter has from the beginning,
adopted the most efficient, to prevent that of the States on their authority.
The 2oth section of the Judiciary Act, passed in 1789, provides an ap-
peal from the States Courts to the Supreme Court of the United States,
in all cases in the decision of which the construction of the Constitution,
the laws of Congress, or treaties of the United States, may be involved ;
thus G^iving to that hioh tribunal the rif^ht of final interpretation, and the
power in reality of nullifying the Acts of the State Legislatures, when-
ever in their opinion they may conflict with the power delegated to the
general government. A more ample and complete protection against the
encroachments of the States by their Legislatures cannot be imagined ;
and for this purpose, this high power may be considered indispensable
and constitutional ; but by a strange misconception of the nature of our
system, in fact, of the nature of government, it has been regarded not
only as affording protection to the general government against the States,
but also to the States against the general government ; and as the only
means provided by the Constitution of restraining the State and general
government within their respective spheres ; and consequently of deciding
on the extent of the powers of each, even where a State in its highest
sovereign capacity, is at issue with the general government on the ques-
tion whether a pariicular power be delegated, or not. Such a construc-
tion of the powers of the Federal Court, which would raise one of the
departments of the genera! government above the sovereign parties who
created the Constitution, would enable it in practice to alter at pleasure
the relative powers of the States and General Government. This most
erroneous and dangerous doctrine, in regard to the powers of the Federal
Court, has been so ably refuted by Mr. Madison in his report to the Vir-
ginia Legislature in 1800, that the committee avail themselves at once of
his argument and authority. Speaking of the rights of the State to inter-
pret the constitution for itself in the last resort, he says : that it has been
objected that the judicial authority is to be regarded as the sole expositor
of the Constitution ; on this objection it might be observed — "1st. That
there may be instances of usurped power," (the case of the Tariff" is a
stnking illustration of its truth) "which the forms of the Constitution could
never draw within the controul of the judicial department ; secondly, that
if the decision of the judiciary, be raised above the authority of the sove-
reign parties to the Constitution, the decisions of the other departments,
not carried by the forms of the constitution before the judiciary, must be
equally authoritative and final with the decision of that department. But
the proper answer to the objection is, that the resolution of the General
Assembly relates to those great and extraordinary cases, in which all the
forms of the Constitution may prove ineffectual against infractions, dan-
gerous to the essential rights of the parties to it. The resolution supposes
that dangerous powers not delegated, may not only be usurped and exe-
cuted by the other departments, but that the judicial department also may
exercise, or sanction, dangerous powers beyond the grant of the Constitu-
tion, and consequently, that the ultimate right of the parties to the Con-
stitution, to judge whether the compact has been dangerously violated,
must extend to violations by one delegated authority as well as by ano-
ther— by the judiciary as well as by the Executive, or the Legislature.
OF SOUTH CAROLINA. 205
"However true, therefore, it may be, tliat the jurlicial tlopaitment is in all I^.xpositio.s
questions submitted to it, by the forms of tlie Constitiitiuii, to decide in u '^■"'"
the last resort, this resort must necessarily be deemed the las', in relaticm l&ZH.
to the uutliorities of the other departments of the government, not in re-
lation to tlie rights of the parties to '.he constitutional com[)act, from which
the judicial as well as the other depaitments hold their delegated trusts.
On any other hypothesis, the delegation of judicial jxjwer would annul
the authority delegating it; and the concurrence of tliis department with
the others in usurped powers, might subvert forever and beyond the pos-
sible reach of any rightful remedy, the very constitution which all were
constituted to preserve."
Although this constitutional mode of restraining the encroachments of
the general government, was thus early and clearly pointed out by Mr.
Madison, an effort has been made to substitute for it what has l>een called
a rigid rule of construction, which would inhibit the exercise of all powers
not plainly delegated, or that were not obviously necessary and proper as
means to their execution. A government like ours, of divided powers,
must necessarily tjive great importance to a projier system of construc-
tion, but it is perfectly clear that no system of the kind, however perfect,
can ])rescribe bounds to the encroachment of power. They constitute in
fact, but an appeal by the minority to the justice of the majority, and if
such appeals were suihcicnt to restrain the avarice and amljition of those
who are invested with power, then would a system of technical construc-
tion be suHlcient. But on such a supposition, reason and justice might
alone be relied on, without the aid of any constitutional or arti-
ficial restramt whatever. Universal experience, in all ages and
countrie-!, however, teaches that power can only be met by power
and not by reason and justice, and that all restrictions on authoiity, un-
sustfiined by an equal antagonist power, must forever prove wholly insuf-
ficient in practice. Such also has been the decisive proof of our own
short experience. From the beginning, a great and powerful minority
gave every force of which it was suscejjtible, to construction, as a means
of restraining a majority of Congi'ess to the exercise of its proper powers;
and though that original minority, through the force of circumstances, has
had the advantage of becoming amajority, and to possess, in consequence,
the administration of the general government, during the greater portion
of its existence, yet we this 'day witness, under these mos^ favourable
circumstances, an extension of the powers of the general government, in
spite of mere construction, to a point so extreme as to leave few pewers
to the States worth possessing. In fact, that very power of construction,
on \vhich reliance is placed to preserve the rights of the States, has been
wielded, as it ever will and must be, if not checked, to destroy those
rights. If the minority has a right to select its rule of consti'uction, a
majority wdl exercise the same, but with this striking difference, that the
power of tlie former will be a mere nullity, against that of the latter. But
that protection, which the minor interest ever fails to find in any technical
system of construction, where alone in practice it has heretofore been
sought, it may find in the reseiTed rights of the States themselves, if they
be properly called into action ; and there only will it ever be found of
sufficient efficacy. The constitutional power to protect their rights as
members of the confederacy, results, necessarily, by the most simple and
demonstrable arguments, from the veiy nature of the rela'ion subsisting
between the States and general government. If it be conceded, as it
must by every one who is the least conversant with our institutions, that
the sovereign power is divided between the States and general goveru-
VOL.^^L— 31.
2G6 STATUTES AT LARGE
Exposition ment, and that the former hold their reserved rights, in the same high soy-
P o^EST ereigii capacity, which the latter does its delegated rights ; it will be
1828. ' impossible to deny to the States the right of deciding on the infracton of
their rights, and the proper remedy to be apj)lied for the correction. The
right of judging, in such cases, is an essential attribute of sovereignty,
of which the States cannot be divested, without losing their sovereignty
itself ; and being reduced to a subordinate corjjorate condition. In fact,
to divide power, and to give to one of the parties the exclusive right of
judging of the portion allotted to each, is in reality not to divide at all ;
and to reserve such exclusive right to the general government, (it matters
not by what department it be exercised) is in fact to constitute it one
great consolidated government, with unlimited powers, and to reduce the
States to mere corporations. It is impossible to understand the force of
terms, and to deny these conclusions. The opposite opinion can be em-
braced only on hasty and imperfect view^s of the relation existing between
the States and the general government. But the existence of the right
of judging of their powers, clearly established from the sovereignty of the
States, as clearly implies a veto, or controul on the action of the general
government, on contested points of authority ; and this very controul is
the remedy, which the constitution has provided to prevent the encroach-
ment of the general government on the reserved rights of the States ;
and by the exercise of which the distribution of power between the
general and State governments may be preserved forever inviolate, as is
established by the constitution : and thus afford effectual protection to the
great minor interest of the community, against the oppression of the
majority.
Nor does this important conclusion stand on the deduction of reason
alone; it is sustained by the highest cotemporary authority. Mr. Hamilton,
in the number of the Federalist already cited, remarks, "that in a single
repul)lic all the powers surrendered by the people, are submitted to the
administration of a single government ; and usurpations are guarded
against by a division of the government into districts and separate depait-
ments. In the compound republic of America, the power suiTendeiedby the
people, is first divided between two distinct governments ; and then the
portion allotted to each, sub-divided among districts and separate depart-
ments. Hence a double security arises to the rights of the people. The
different governments will controul each other, at the same time that
each will be controuled by itself"
He thus clearly afhrms the controul of the States over the general go-
vernment, which he traces to the division of the sovereign power under
our political system, and by comparing this controul to the veto which the
several departments in most of our constitutions respectively exercised
over the acts of each other, clearly indicates it as his opinion, that the
controul between the Stste and general government is of the same cha-
racter. Mr. Madison is still more explicit; in his report already alluded
to, he says : "The resolution having taken this view of the Federal com-
pact, proceeds to infer, 'that in case of a deliberate, palpable, and dan-
gerous exercise of other powers, not granted by the said compact, the States
who are parties thereto, have the right, and are in duty bound, to inter-
pose for arresting the progress of the evil, and for maintaining within
their respective limits, the authorities, rights and liberties appertaining to
them.' It appears to your committee to be a plain principle, founded in
common sense, illustrated by common practice, and essential to the nature
of compacts, that where resort can be had to no tribunal superior to the
authority of the parties, the parties themselves must be the rightful judges
OF SOUTH CAROLINA. 207
in the last resort, wliclhcr the bargain made has been ]inrrtuccl or violated.
The constitution of th(! United States was formed by tlio sanction of the
States, given by each in its sovereign cajiac^ity. It adds to the stability
and dignity, as well as to the authority of the constitution, that it rests on
this legitimate and solid foundation. The States then being ])arlics to
the constitutional compact, and in their sovereign capacity, it fcjllovvs of
necessity, that there can be no tribunal above tlieir authority, to decide in
the last resort, whether the compact made by them be violated, and, con-
sequently that as the parlies to it, they must themselves decide in the last
resort, such questions as may be of sufficient magnitude to require their
interjiosition." To these the no less explicit opinion of Mr. Jefferson may
be added, who, in the Kentucky resolutions on the same subject, states
tliat, " the government created by this compact was not made the exclu-
sive or final judge of the extent of the powers delegated to itself, since
that would have made its discretion, and not the constitution, the measure
of its powers : but that as in all other cases of compact among parties
having no common judge, each party has an equal right to judge for it-
self, as well of infractions as of the mode and measure of redress."
Time and experience confirmed his o])inion on this all important point.
This illustrious citizen, nearly a quarter of a century afterwards, in the
year 1821 expressed himself in this emphatic manner. " It is a fatal
heresy," he says, " to suppose that either our state governments are
superior to the federal, or the federal to the state ; neither is authorized,
literally, to decide what belongs to itself, or its co-partner in govern-
ment ;" " in differences of opinion between their different sets of public
servants, the appeal is to neither, but to their employers, peaceably
assembled by their representatives in Convention." If to these authori-
ties, which so explicitly affirm the right of the states in their soverei.gn
capacity, to decide both on the infraction of their rights, and the remedy,
there be added the solemn decisions of the Legislatures of two leading
states, Virginia and Kentucky, and the implied sanction of a majority
of the states in the important political revolution which shortly followed,
and brought Mr. Jefferson into power on this very ground, it will be
scarcely possible to add to the weight of authority, by which this
fundamental principle in our system is sustained.
The committee having thus established the constitutional right of the
states to interpose in order to protect their powers, it cannot be neces-
sary to bestow much time, in order to meet possible objections ;
particularly as they must be raised, not against the soundness of the
argument by \vhich the position is sustained, which they deem unan-
swerable, but against apprehended consequences, which, even if true,
would not be so mucli an objection to the conclusion of the committee,
as to the constitution itself, but which they are persuaded, will be found,
on investigation, destitute of solidity. Lender these impressions the
committee propose to discuss the objections with all possible brevity.
It is objected in the first place, that the right of the states to inter-
pose, rests on mere inference without any express provision in the
constitution, and that it is not to be supposed if the constitution
contemplated the exercise of a power of such high importance, that
it would have been left to inference alone. In answer, the committee
would ask those who raise the objection, if the power of the Supreme
Court to declare a law unconstitutional, is not among the very highest
and most important, that can be exercised by any department of the
government, and where they can find any express provision to justify
its exercise ] Like the power in question, it also rests on mere infer-
2G8
STATUTES AT LARGE
encc, but an inference so clear, that no express provision could render
t more ceitain. The simple facts, that the Judges must decide accor-
.ding to Law, and that the Constitution is paramount to the Law,
^mposes a necessity on the Court to declare the latter void, whenever
it comes into conflict with the former ; so from the fact, that the
sovereign power is divided, and that the states hold their proportion
in the same sovereign capacity with the general government, by like
necQssity, then, is the right of judging of the infraction of their sover-
eignty, as well as of the remedy. The deduction in the one case is not
clearer than the other ; but if we refer to the nature of our constitution,
the right of the states stands on stronger grounds than that of the
court.
Li the distribution of powers between the general and state govern-
ments, the constitution pi'ofesses to enumerate those assigned to the
former, in whatever department they may be vested ; while the powers
of the latter are reserved in general tenns, without an attempt at
enumeration. It therefore raises a presumption against the powers of
the court to declare a law unconstitutional, that the power is not enu-
merated among those belonging to the judiciary. While the omission
to enumerate amongst the powers of the states, that to interfere and
protect their rights, being strictly in accord with the principles on which
the framers formed the constitution, raises not the slightest presumption
against its existence.
It is next objected to the power that it places the minority over the
majority, in opposition to the whole theory of our government, and that
its consequences must be feebleness, anarchy, and Anally disunion.
It is impossible to impose any limitation on sovereign power, without
encountering from its supporters this very objection ; and we accordingly
find that the history of every country which has attemjoted to establish
free institutions, proves, that on this point the opposing parties, the
advocates of power and of freedom, have ever separated. It constitutes
the essence of the controversy between the Patricians and Plebeians of
the Roman republic ; of the Tories and Whigs in England ; of the
Ultras and Liberals in France ; and finally of the Federalists and Re-
publicans in our own country, as illustrated by Mr. Madison's Report;
and if it were proposed to give to Russia or Austria a representation
of the people, it would form the point of controversy, between the
imperial and popular parties. It is in fact not at all surprising, that to a
people unacquainted with the nature of liberty, and inexpeiienced in
its blessings, all limitation on the supreme power should appear incom-
patible with its nature, and as tending to feebleness and anarchy.
Nature has not permitted us to doubt the necessity of supreme power
in every community. All see and feel it, and are instinctively imjDelled
to its supj)ort ; but it requires some effort of reason to perceive, that
if not controuled, such power must necessarily lead to abuse ; and still
higher efforts to understand that it may be checked without destroying
its supremacy. With us, however, who know from our own experience
and that of other free nations, the truth of both these positions ; and
also that power can be rendered useful and secure by being properly
checked, it is indeed strange that any intelligent citizen should consider
limitation in sovereignty, as incompatible with its nature ; or should fear
danger from any check properly lodged, which may be necessajy to
secure any distinct and important interest. That there are such interests
represented by the states, and that on principle the states alone can
protect them, has been proved ; and it only remains in order to meet
OF SOUTH CAROLINA. 209
the objection, to prove tliut for this purpose the states may he safely Exposition
entrusted with tliu power. If the committee do not greatly mistake, it ]>hotks-v.
never has in anv country, or under any institutions, been lodfred where HiH.
it was less hahle to abuse. The j^reat number by whom it must be
exercised, a niiijority of the people of one of the states, the solemnity
of the mode, the delay, the deliberation, are all calculated to allay
excitement, to impress on the people of the state a deep and solemn
tone, highly favorable to calm investigation. Under such circumstances,
it would be impossible for a party to preserve a majority in the state,
unless the violation of its rights be '-palpable, deliberate, and dangerous."
The attitude in Avhich the state would be placed, in relation to a majori-
ty of the states ; the force of public opinion which would be brought to
bear on her; the deep reverence for the general government; the strong
influence of that portion of her citizens who aspire to office or distinc-
tion in the Union; and above all, the local parties whicli must ever exist
in the states, and which in this case must ever throw the powemil
influence of the minority in the state, on the side of the general govern-
ment, and would stand ready to take advantage of an error on the side
of the majority. So jiowerful are these causes, that nothing but the
truth and a deep aense of oppression on the part of the ])eople of the state,
will ever authorize the exercise of the power ; and, if it should be
attempted under other circumstances, those in power would be speedily
replaced by others, who would make a merit of closing the controversy,
by yielding the point in dispute. But in order to understand more fully,
what its operation would be, we must take into the estimate the effect
which a recognition of the power would have on the administration
both of the general and slate governments. On the former, it
would necessarily produce, in the exercise of doubtful power, the
most marked moderation. On the latter a feeling of conscious security
would effectually prevent jealousy, animosity and hatred, and thus .give
scope to the natural attachment to our institutions. But withhold
this protective power from the states, and the reverse of all these happy
consequences must follow, which, however, the committee will not
tmdertake to describe, as the living example of discord, hatred
and jealousy, threatening anarchy and dissolution, must impress
on every beholder a more vivid picture, than w^hat they could
possibly draw. The continuance of this unhappy state must end in the
loss of all affection, leaving the government to be sustained by force in-
stead of patriotism. In fact, to him who will duly reflect, it must be
apparent, that where there are important, separate interests to preserve,
there is no alternative but a veto or military force. If these deductions
be correct, as cannot be doubted, then under that state of moderation and
security, followed by mutual kindness, which must accompany the ac-
kno\vlegement of the right, the necessity of exercising a veto would
rarely exist ; and the possibility of abuse on the part of the states, would
almost be wholly removed. Its acknowledged existence would thus su-
percede its exercise. But suppose in this the committee to be mistaken,
still there exists a sufficient remedy for the disease. As high as is the
power of the states in their individual sovereign capacity, it is not the
highest power known to our system. There is a still higher power,
placed above all, by the express consent of all; the creating and presen'-
ing power, deposited in the hands of three-fourths of the United States,
which under the character of the amending power, can modify the whole
system at pleasure, and to the final decision of which it would be politi-
cal heresy to object. Give then the veto to the states, and admit its lia-
270 STATUTES AT LARGE
Exposition hility to abuse by them ; and what is the effect, but to create the prc-
Protfst sumption against the constitutionahty of the disputed powers exercised
1828. by the general government, which, if the presumption be well founded,
must compel them to abandon it; but if not, the general government may
remove it by invoking this high power to decide the question in the form
of an amendment to the constitution. If the decision be favourable to
the general government, a disputed constructive power will be converted
into a certain and express grant. On the other hand, if it be adverse, the
refusing to grant will be tantamount to inhibiting its exercise; and thus
in either case, the controversy will be peaceably determined. Such is the
sum of its effects. And ought not a sovereign state, in protecting the mi-
nor and local interests of the country, to have a power to compel a de- ,
cision 1 Without it, can the system itself exist ? Let us examine the
case. To compel the state to appeal against the acts of the geneial go-
vernment, by proj^osing an amendment to the constitution, would be per-
fectly idle. The very complaint is that a majority of the states, through
the general government, by force of construction, urge powers not delega-
ted, and by their exercise increase their wealth and power at the expense
of a minority. How absurd then to compel one of the injured states to
attempt a remedy by proposing an amendment to be ratified by three-
fourths of the states, when there is, by supposition, a majority opposed
to it. Nor would it be less absurd to expect the general government to
propose an amendment, in order to settle the point disputed, unless com-
pelled to that course by the stale. On their part there can be no in-
ducement. They have a more summary mode of assuming the power
by construction. The consequence is clear. Neither would appeal to
the amending power ; the one because it would be useless ; and the
other because it could effect its object without it. Under the operation of
this supreme controuling power to whose interposition no one can object,
all controversy between the states and general government would be
thus adjusted ; and the constitution would gradually acquire by its con-
stant interposition in important cases, all the perfection of which the
work of men is susceptible. It is thus that the creative will become the
preserving power; and we may rest assured, that it is no less true in po-
litics than in divinity, that the power which creates can alone preserve,
and that preservation is perpetual creation. Such will be the operation
of the veto of the states.
If indeed it had the effect of placing the state over the general govern-
ment the objection would be fatal. For if the majority cannot be trusted
with the supreme power, neither can the minority ; and to transfer it
from the former to the latter, would be but the repetition of the old error
of taking shelter under a monarchy or aristocracy, against the more op-
pressive tyranny of a majority in an ill-constructed republic. But it is
not the consequence of proper checks to change places between the ma-
jority and the minority. It leaves the power controuled still supreme, as
is exemplified in our political institutions, by the operation of acknow-
ledged checks. The power of the judiciary to declare an act of Con-
gress, or of a state legislature unconstitutional, is a powerful, and for its
appropriate purpose an efficient one; but who, acquainted with the na-
ture of our government, ever supposed it really vested (when confined to
its proper object,) a supreme power in the Court over Congi-ess or the
State Legislatures 1 Such could be neither the intention nor its proper
effect. The check was given to the Judiciary to protect the supremacy
of the Constitution over the acts of Legislation, and not to set up a su-
preme power in the Courts. The Constitution has provided another
OF SOUTH CAROLINA. 271
check, which will still fiitilici illustrate! tlic nature of its operation. Amoncf Exposition
the various iuliTcsts which exist under uur complex system, tiiat of" large
ami small states an; among the most prominent and among the most care-
fully guarded in the organization of our government. To settle the re-
lative weight of the states in the system, and to secure to each the
means of maintaining its jiroper political cons(K|uence in its operation,
were amongst the most difficult duties in framing the Constitution. No
one subject occupied greater space in the proceedings of the ('onvention.
In its final adjustment, the large states had assigned to them a pi-eponde-
rating inlluence in the House of Representatives, by having then; a weight
proportioned to their members, but to compensate which, and to secure
their political rights against this preponderance, tlie small states had an
equality assigned them in the Senate, while, in the Constitution of the
Executive branch, the two were blended. To secure the consequence
allotted to each, as well as to insure due deliberation in legislation,
a veto is allowed to each in the passage of bills; but it would be absurd
to suppose, that this veto placed either above the other; or was incompatible
with tlu! porticfu of the sovereign power allotted to the House, the Senate
or the President.
It is thus that our system has provided appropriate checks, Avith a veto,
to ensure the supremacy of the Constitution over the laws, and to pre-
serve the due importance of the states, considered in reference to large
and small, without creating discord or weakening the beneficent energy
of the government; and so in the division of sovereign authority between
the general and state governments, and in granting an eflicient power to
the latter, to protect by a veto the minor against the major interests of
the community, the framers of the Constitution acted in strict conformity
with the principle which invariably prevails throughout the whole sys-
tem whenever separate interests exist. They were in truth no ordinary
men. They were wise and practical men, enlightened by history and
their own enlarged experience, acquired in conducting our country through
a most important revolution ; and understood profoundly the nature of
man and of government. They saw and felt that there existed in our
nature the necessity of a government, which to effect the object of go-
vernment must have adequate powers. They saw the selfish predomi-
nate over the social feelings, and that without a government with such
powers, universal conflict and anarchy must prevail among the component
parts of society : but they also clearly saw, that our nature remaining
unchanged by change of condition, that unchecked power, from this very
predominance of the selfish over the social feeling, which rendered go-
vernment necessary, would of necessity lead to corru])tion and oppression
on the part of those invested with its exercise. Thus the necessity of
government and of checks originate in the same great principle of our
nature, through which the very selfishness, which would impel those who
have power, to desire more than their own, will also, with great energy,
impel those on whom power may operate to demand their own ; and in
the balance of these opposing tendencies from different conditions, but
originating in the same principle of action, the one impelliinj^ to excess,
the other restraining within the bounds of moderation and justice, liberty
and happiness must forever depend. This great ])rinciple guided the
framers of the Constitution in constructing our political system. There
is not an opposing interest throughout the whole that is not counterpoised.
Have the rulers a separate interest from the people I To check its
abuse, the relation of representative and constituent is created between
them, through periodical elections, by which the fidelity of rulers to their
272 STATUTES AT LARGE
trusts is secured. Have the states as members of the Union, distinct
political interests in reference to their magnitude 1 Their relative weight
is carefully settled, and each class has its approjn'iate means, v\'ith a veto
to protect its political consequence. May there be a conflict between the
Constitution and the laws, whereby the rights of citizens may be affect-
ed 1 To preserve the ascendency of the Constitution, a power is vest-
ed in the Supreme Court to declare the law unconstitutional in such cases.
Is there in a geographical point of view separate interests? To meet
this a peculiar organization is provided in the division of the sovei'eign
power between the state and general governments 1 Is there danger
growing out of this division, that the states may encroach on the general
powers through the acts of their legislatures 1 To the Supreme Court
is also assigned adequate power to check such encroachment. May the
general government on the other hand encroach on the rights reserved to
the states 1 To the states in their sovereign capacity is reserved the
power to arrest such encroachment. And finally, may this power be abused.
by the states in interfering improperly with the powers delegated to the
general government 1 There remains a still higher power created, supreme
over all, invested with the ultimate power over all interests, to enlarge,
to modify or rescind at pleasure, whose interposition the majority may
invoke and. to oppose whose decision would be rebellion. On this the
whole system rests.
That there exists a case which would justify the interposition of this
State, and thereby compel the general governmet to abandon an unconsti-
tutional power, or to make an appeal to the amending power to confer
it by express grant, the committee does not in the least doubt ; and they
are equally cleai in the existence of a necessity to justify its exercise, if
the general government should continue to persist in its improper as-
sumption of powers, belonging to the state ; which brings them to the
last point which they propose to consider. When would it be proper to
exercise this high power 1 If they were to judge only by the magnitude
of the interest, and urgency of the case, they would, without hesitation,
recommend the exercise of this power without delay. But they deeply
feel the obligation of respect for the other members of the confederacy,
and of great moderation and forbearance in the exercise, even of the most
unquestionable light, between parties who stand connected by the closest
and most sacred political union. With these sentiments, they deem it
adviseable, after presenting the views of the Legislature in this solemn
manner, to allow time for further consideration and reflection, in the hope
that a returning sense of justice on the part of the majority, Avhen they
come to reflect on the wrongs which this and other staple States have
suffered and are suffering, may repeal the obnoxious and unconstitutional
acts, and thei'eby prevent the necessity of interposing the sovereign pow-
er of this State.
The Committee is further induced at this time to take this course, un-
der the hope that the great political revolution which will displace from
power on the 4th of March next, those who acquired authority by setting"
the will of the people at defiance, and which will bring in an eminent
citizen, distinguished for his services to his country, and his justice and.
patiiotism, may be followed up under liis influence with a complete res-
toration of the pure principles of our government.
But in thus recommending delay, the committee wish it to be distinct-
ly understood, that neither doubts of the power of the State, nor appre-
hension of consequences, constitute the smallest part of their motives.
They would be unworthy of the name of Freemen, of Americans, of
OF SOUTH CAROLINA. 27a
Carolinians, if daiu^t!!', liowcver great, could cause tlicm U) slninlv fiom
the maintenanc^c of tlioir constitutional rights; but they dceni it prcpoM-
terous to anticipate danger, under a system of laws, where a stivereign
party to tlic coni])act which formed the government, exercises a power,
which after the fullest investigation, she conscientiously behoves, belongs
to her, under the guarantee of the Constitution itself, and which is es-
sential to the preservation of her sovereignty.
The committee deem it not only the right of the state, but the duty of
her representatives, under the solemn sanction of an oath, to interpose if
no other remedy be applied. They inter2)ret the oath to the Constitu-
tion, not simply to impose an obligation to abstain from violation, but if
possible to prevent it in others. In their opinion, he is as guilty of vio-
lating that sacred instrument, who pcnnits an infraction, when in his power
to prevent it, as he who is actually guilty of the infraction. The one may
be bolder and the other more timid, but the sense of duty must be equal-
ly weak in both.
With these views, the committee are solemnly of im])ression, if the sys-
tem be persevered in after due forbearance on the ])art of the state, that
it will be her sacred duty to interpose her veto ; a duty to herself, to the
Union, to present, and to future generations, and to the cause of liberty
over the world, to arrest the jirogress of a power, which, if not arrested,
must, in its consequences, corrupt the public morals, and destroy the liber-
ty of the country.
To avert these calamities, to restore the Constitution to its original pu-
rity, and to allay the differences which have been unhappily produced be-
tween various states, and between the states and general government, we
solemnly appeal to the justice and good feeling of those states heretofore
opposed to us; and earnestly invoke the council and co-operation of those
states similarly situated with our own. Not doubting their good will and
support, and sustained by a deep sense of the righteousness of its cause —
the committee trusts that under Divine Providence the exertions of the
State will be crowned with success.*
*The Protest reported with this Exposition, is already given, axte, page 241.
The preceding " Kxposition" is inserted as being a Document of great historical interest.
But although the report was read and ordered to be printed, it was not adopted by the two
Houses. Objections were made, that it contained tenets on which the legislature ought not to
be committed. The refusal to give legislative sanction to any dubious position, was prudent : but
from the high character of its presumcnl author, and the interest taken in it at the time, it seem-
ed to the Editor a document in the history of the legislative proceedings of the day, well
worth preserving. Edit.
VOL. I.— 35.
274 STATUTES AT LARGE
REPORT
Adopted by the Legislature of the State of Georgia, on the Reso-
lutions OF South Carolina and Ohio. Dec. 10, 182S.
ORDERED TO BE PRINTED IN THE PAMPHLET LAWS, REPORTS AND RES-
OLUTIONS OF SOUTH CAROLINA, AT DEC. SESSION, 1829.
(Sec Famplilct Laws, licjwrts and Resolutions of 1829, j>. 19.)
House of Representatives, December 10, 1828.
The Committee to whom was referred the Resolutions from the States
of South Carolina and Ohio, have had the same under their considera-
tion.
As the subjects leferred involve questions of the deepest interest, touch-
ing the fundamental principles of the federal government, the sovereignty
of the States, causes of complaint for infractions of the Constitution, and
encroachments by the General Government upon State Rights, as well as
the rights of the States to redress their wrongs, your committee have de-
voted their serious attention and grave consideration to the subject, which
the magnitude and importance of the questions involved require. And
from the view which your committee have given the subject, they concur
in the sentiments and resolutions of the State of South Carolina upon
most of the subjects involved in the discussion.
They entertain no doubt but that the Constitution of the United States
is a federal compact, formed and adopted by the States as sovereign and
independent communities.
The convention which formed and adopted the constitution, was com-
posed of members elected and delegated by, and deriving immediate
jiower and authority from the Legislatures of their respective States. Its
ratification depended upon the Legislatures of the States, each reserving
the right of assent or dissent without regard to population.
By the Articles of Confederation of 1778, which was a compact be-
tween the States, there was a special reservation of all rights of sove-
reignty and independence not thereby expressly delegated, which proves
conclusively, that prior to entering into that compact, all the rights of
sovereignty and independence belonged to the States, and were complete
in them, and that they did not intend to divest themselves of any of those
rights, except such as were expressly delegated.
In the constitution of 1787, the powers delegated are clearly defined
and particularly enumerated. The amendment to the constitution is more
explicit. It declares that the powers not delegated to the United States
OF SOUTH CAROLINA. 275
bv the Constitution, arc reserved to the States respectively, or to the <'Korgia
people, 1828.
The States were granting powers to the General CroveiTinienl, and as
they enumerated the powers granted, it was useless, and would have
been superfluous, to have made special w33ervations. The affirmative
grant of powers enumerated, operates an exclusion of all powers not
enumerated.
The States, in forming the Constitution, treated with each other as sov-
ereign and indcjjondent goverimients, expressly acknowledging their
rights of sovereignty ; and inasmuch as they divested themselves of
those rights only which were expressly delcjgated, it follows as a legiti-
mate consequence, that they are still sovereign and indejiendent as to
all the powei"s not granted.
The States respectively, tlu-refore, have, in the opinion of your com-
mittee, the unquestionable right in case of any infraction of the general
compact, or want of good faith in the performance of its obligations, to
complain, remonstrate, and even to refuse obedience to any measure of
the General Government manifestly against, and in violation of the con-
stitution ; and in short to seek redress of their wrongs by all the means
rightfully exercised by a sovereign and indej^endent government. Other-
wise, the constitution might be violated with impunity and without re-
dress, as often as the majority might think pi'oper to transcend their pow-
ers, and the party injured bound to yield a submissive obedience to the
measure, however unconstitutional. This would tend to annihilate all the
sovereignty and independence of the States, and to consolidate all jmxcer
in the General Government; which never was designed nor intended by
the framers of the constitution.
Your committee are also of opinion, that the acts of the General Go-
vernment in providing for the general welfare, must be general in their
operation, and promotive of the general good ; not the advancement of
the interest of any particular section or local interest, to the injury of
another.
The term general welfare, implies clearly, that the means used to ob-
tain this end, must be general in their nature and tendency. Any mea-
sures, therefore, having for their object sectional advantages or local
interests, to the prejudice of another portion of the community, cannot
be general, and are therefore contrary to the letter and spirit of the con-
stitution.
It is believed by your committee, therefore, that the tariff laws of the
United States, so far as they have for their object the protection of a pai*-
ticular branch of labor to the injury of the commercial interest of the
country, and of the agricultural interest of the Southern States, are un-
constitutional.
For the same reason. Congress have not the right to appropriate the
monies of the United States for the improvement or benefit of a particu-
lar section of the country, in which all the States would not have a com-
mon interest and equal benefit.
If Congress is invested with the right at all, she is invested to an un-
limited and indefinite extent, and may exhaust the whole wealth and
treasure of the Goverament in the promotion of the improvement and in-
terest of particular sections of the country, to the injury of another.
In fine, that she may make one portion of the country tributary to ano-
ther— that she may tax the community to enrich or aggrandize a par-
ticular section, and make the general welfare yield to a particular inte-
rest.
276 STATUTES AT LARGE
Georgia But if it be true, as your committee maintain, that the Congress of the
1828. Ignited States are restricted to the powers expressly enumerated, it is
equally true that they have no power or right to pass any laws but such
as may be necessary and proper to carry into effect the powers enume-
rated, and which promote the general welfare of the United States.
In relation to the right of Congress to interfere either directly or indi-
rectly with the subject of slavery, as recognized by the laws of this State,
your committee deem it improper and unnecessary to enter into a dis-
cussion.
This State never can, and never will, so far compromit her interests on
a subject of such deep and vital concern to her self-preservation, as to
suffer this question to be brought into discussion. Non-interference on
this subject was the sine qua non on the part of the slave holding States,
in forming the Union, and entering into the Federal Compact. As the
Southern States would then, so they must now or hereafter consider any
attempt to interfere with this delicate subject, an aggression having a
tendency to produce revolt and insuriectionof the most hideous character.
These states must view with jealousy and distrust, all associations
having for their object the abolition of slavery. The principles propaga-
ted by the enthusiastic devotees of this project, are calculated to have
most pernicious effect — exciting false hopes of liberty ; producing
discontent and dissatisfaction in the minds of the otherwise happy and
contented slave, and a restlessness for emancipation, when the actual
state of things forbids the possibility of it at present.
The Colonization Society is considered by your committee as one of a
dangerous character in this respect. Its schemes of colonization are
vain and visionary. Its professed objects never can be accomplished —
they are wholly impracticable. This institution, therefore, should not,
in the opinion of your committee, receive the support, countenance, or
patronage of Congress, and not being a matter of national interest, the
Government has no right to take it under its protection, or make appro-
priations for its support. Your committee therefore recommend the
adoption of the following resolutions :
Resolved, That this legislature concur with the legislature of the State
of South Carolina, in the Resolutions adopted at their December session
in 1S27, in relation to the powers of the General Government, and
state rights.
Resolved, That his Excellency the Governor be requested to transmit
copies of this preamble and resolutions to the Governors of the several
states, with a request that the same be laid before the Legislatures of
their respective states ; and also to our Senators and Representatives in
Congress, to be by them laid before Congress for consideration.
Approved, Bee. 20, 1S2S.
JOHN FORSYTH, Governor.
OF SOUTH CAROr.INA. 277
MEMORIAL
On the subject of the i.ate Takiff ; addressed ry the Gexeral
Assembly of the State of Cteorgia to the Anti-Takiff States.
ORDERED TO BE PRINTED WITH THE PAMPHLET LAWS, REPORTS, AND
RESOLUTIONS OF SOUTH CAROLINA, AT DEC. SESSION, 1829.
(See Pa77iphlet Laws, Rejwrts and Resolutions of 1829, 'p. 81.^
House of Representatives, December 17, 1828.
A Memorial from the Senate and House of Representatives, in Gene-
ral Assembly, representing the feelings and opinions of the people
of the State of Georgia, upon the Tariff Law passed at the First
Session of the 20th Congi'ess; submitting to the States opposed to that
obnoxious law, a summary of the principles of the opposition ai this
State to it, and requesting a concurrent Constitutional opposition to the
law, and the system which it is intended to foster.
The Senate and House of Representatives of the State of Georgia, in
General Assembly met, solicit the concurrence of their sister States
opposed to the Tariff lately passed, in resisting the law and its operation,
upon the following reasons, and in the manner hereinafter proposed.
1st. We oppose the Tariff Law, last enacted, because we believe it to
be both in its object and its spirit, unconstitutional.
It is unconstitutional — 1st. Because the power " to lay and collect
duties and imposts, to pay the debts, and provide for the common
defence and general welfare of the United States," is abused and
perverted to the accomplishment of objects not within the sphei'e of
direct federal legislation. The power intended to be given by the
Constitution, to Congress, is that of raising a revenue, for objects
specified.
The late tariff destroys the revenue, and is intended and avowed to
have for its object the encouragement and protection of Domestic
Manufactures. As it destroys, or at least, diminishes the Revenue, it is
so far inexpedient.
It operates thereby, indirectly, as an onerous tax upon the consumei-s
of Southern productions. So far, it is unequal and oppressive — therefore,
it is inexpedient and impolitic, as a general law.
It intends to encourage and protect domestic manufactures, by rever-
sing the accustomed course of exchange in trade — viz : the raw materials
for manufactured commodities. It thereby intends to efl'ect an entire
alteration in the system of our commercial intercourse with foreign
nations. Hitherto, the trade of the United Stales has been comparative-
ly absolutely free ; subject only to regulations, expedient, when consid-
278 STATUTES AT LARGE
ei-ed in relation to the raising of a revenue. The jorcsent tariff
restrains its freedom, and therefore lessens both its extent and its profita-
bleness.
2d]y. It is unconstitutional — Because, if it be defended under the
power to " regulate commerce with foreign nations," while the avowed
object is to encourage and protect domestic manufactures, it is a palpa-
ble abuse of the power given by the language of the Constitution — For
under a power of prescribing the rules of exchanging foreign and domes-
tic commodities, the power is so perverted as to endanger, not only the
prospei-ity of our commerce, but almost its very existence, in the anxiety
to accomplish an object altogether domestic, and even sectional. An
object, too, which the Constitution intends to effect, by means prescribed,
and altogether different from those used. For, under the power to pro-
mote " the useful arts," an ample and effectual general power, with a
prescribed mode of use, resides in Congress, 1o encourage and protect all
useful arts. To use another and a different 2)0wer, capable, indirectly, of
effecting such objects, concurrently with that obviously intended to effect
them, is an unconstitutional abuse of the former power.
3dly. Independent of its unconstitutionality, the law is inexpedient,
and oppi'essive generally, particularly on the Southern division of the
United States.
It is inexpedient, because it brings into premature existence a vast
system of industry, which should be, and which in time Avould be, the
natural and spontaneous production of circumstances, and the condition
of the country. This is nothing but pure political empiricism. It is
inexpedient, because that industry, having this factious origin, must be
sustained by a continued and like factious support. Law after law will
be required, or demanded, to support that department of labor which
springs up under the encouragement of law — Avarice and cupidity are
extravagant in their schemes of pecuniary adventure — And every
revulsion of the-ir affairs which injudicious or boundless speculation
may produce, will, as the commercial policy of England exemplifies,
be sought to be remedied, by cumulative impositions upon foreign
commerce.
It is oppressive, because one species of industry is directly supported
by government, at the expense of other branches of industry. The
productions of Southern agiiculture, which hitherto have mainly supplied
the exjjortation of this country, and drawn its varied and abundant
importation of manufactured commodities, are almost forced into domes-
tic markets, and confined within one channel.
A liberal recipi'ocity of trade, between our own and foreign nations,
being by this means destroyed, the vender of agricultural products is in
effect deprived of a choice of markets, either foreign or domestic, and
compelled to vend in the latter. Confined to that, he is dependant on
the manufactui'ing consumer, for the price of his raw materials. The
competition of manufacturers cannot sustain their old prices. And the
law operates unequally and oppressively in this — that the agriculturalist
is deprived of the liberty of choosing his market. This liberty, hitherto
enjoyed, and which has hitherto been his security for fair and adequate
prices of his productions, by exciting foreign and domestic competition,
is in effect taken away — For heavy impositions upon foreign imports
exclude foreigners from market, by destroying the equality of recipro-
cal advantages. Thus, the domestic purchaser controuls the market.
The advantage heretofore enjoyed by the agriculturalist, is destroyed —
he no longer can controul his prices by the power of optional disposi-
OF SOUTH CAROLINA. 279
lion at homo or abroad, but is controulcid by piircliasors indopcndent in
their Ibrtilicd inoiio])olics.
This abstraction of an indis])utal)]e right of the agriculluniHst, un<h,'r
the free trade intended by the Constitution, is not, and cannot be
compensated by the promised, yet contingent, remote, and inipiobuble
advantages resulting from manufacturing livahy. — It is inexpedient,
because it brings prematurely into existence those manufactories whose
materiids are drawn from the mines of the earth, by imposing duties on
the articles manufactured abroad, with a view to prohibit their intrt)duc-
tion, and protecting the manufacture of the same articles at liome. The
prices of manufactured imports are thus regulated by law, to effect an
object in its nature partial and sectional. This, too, is a restriction which
operates unequally. The consumer is deprived of the advantage of
seeking a supply of his wants, on equal teiTns, at home or abroad, at
his option. The prices of foreign manufactures, and other commodities,
are arbitrarily fixed high, to force the consumer to purchase what under
such restriction can be prociu-ed cheapest ; which must be, the domestic
manufacture. Here the manufacturer is the favorite of government —
legislation directly confers upon him peculiar advantagei^ — while the
agriculturalist pays him tribute, and is in dependance upon him.
It might be assuming too broad a ground, to say that the Constitution
forbids the encouragement and protection of any object of industry —
that it forbids the protection of any manufacture whatever. It is both
advisable and patriotic, that all the necessaries and impliments of military
use, in protecting and defending our rights, and our honor as a nation,
should be the product of national industry — " To provide for the common
defence and general welfare," is a power clearly given to the Congiess.
The power given is vague, and if taken separately, indefinite ; but when
taken in connexion with the cautious, and even jealous limitations, of
federal powers, and considered in reference to the specified general
objects of our confederation, it cannot be deemed to be a power limitable
only by the discretion of a majority of Congress. Does not Congress
provide for the " common defence and general welfare," in erecting
fortifications 1 Is the " general welfare," sornething distinct from, and.
separable from the " common defence 1" And if so, what class of
objects and measures can be enumerated under it ] The power to
" provide" for the " general welfare" certainly confers not a discretiona-
ry power over every object of Imman legislation. It refers to appropria-
tions of money, for proposed objects, included within the enumerated,
federal powers. Whether any proj)osed measure, or regulation, will
promote the general welfare, is a question entirely speculative —
Whether legislative action upon such measure, is within the limit of
constitutional competency, or whether its object be constitutionally pur-
sued, is another question. Measures of an experimental character, and.
problematical operation, upon the general good, transcend the pmdent
restraints, and violate the spirit of the Constitution. To guard it from
violation, is the proper object of State vigilance : to restore its purity, a
proper and legitimate object of their several or united endeavors.
The spirit and objects of the Federal Compact, place a virtual con-
straint upon latitudinary construction and implication. The power is
clearly limited by its objects. We object, therefore, to the expansion of
federal powers by construction — We deny the right of Congress to
restrain the freedom of our commerce, to ■prolcrt, as it is said, domestic
industry ; and we affirm, that a power wisely given to Congress, is carried
to an extent at once unnecessary, inexpedient, and even abusive.
280 STATUTES AT LARGE
4thly. The late Tariff, "altering the duties on imports," if the power of
the Constitiition were strictly adhered to, would be a revenue bill. It is
calculated to diminish the revenue. In this, the law is inexpedient and
injudicious. But the avowed object of the law is to promote manufactures
at home. Under the power, therefore, to raise a revenue, for specific na-
tional purposes, a different object is pursued. In this the power is per-
verted. If the law be called a regulation of commerce, it is, in like man-
ner, inexpedient and oppressive.
If the law in question, upon its face, promised a greater prosperity to
our external commerce, which the Constitution intended to preserve and
extend by wise regulations, we should deem the power to regulate it
faithfully fulfilled and executed. But on its very face, the features of
ruin arc set forth in full relief — And a short experience has realised the
consequences which its provisions indicated. Is the law, in this light,
calculated to produce its legitimate object*? If experience of the contrary
proves not merely its inefficiency, but its injurious operation, policy on
the first ground requires, justice, expediency and necessity demand it
on the second. If the decline and ruin of our commerce is the conse-
quence of an attempt to regulate it, the consequence proves the measure
to have been injudicious, either in conception or execution. Either would
be a sufficient ground of repeal. If under the pretext of " regulating
commerce," or of "raising a revenue," the aim is, to effect a collateral and
indirect object ; if a legitimate power be used in disguise, to accomplish
a purpose, which, if the power and right to accomplish it existed, could
be accomplished by a direct, overt, and undisguised exercise of the
power ; then, and in the first case, the legitimate power is abused and
perverted : and in the second case, the stratagem resorted to argues the
consciousness of using improperly a proper power, and a disregard of
the restraints and limitations of the powers of the Constitution. This
spirit is censurable, and calculated to impair the vigour of the Constitu-
tion, and vitiate the purity of federal legislation ; it leads to the use of
unconstitutional powers ; it leads to illiberal and sectional legislation ; and
produces a disregard or oblivion of national interests.
While complaining of a. law intended solely to promote sectional ob-
jects, we will endeavour to avoid an opposition upon sectional interests
and feelings. We are aware, that if each State consulted its ovra inte-
rests alone, the consequences might be particularly disagreeable, and in-
jurious to others ; so, too, if one section of the Union acted on the same
illiberal principle. It might be impracticable in the Federal Government
of these States to secure all lights of independent sovereignty to each,
and all the particular interests of an individual State, oi section of States,
to their fullest extent, and yet piovide for the interest and safety of all.
To reconcile all to federal legislation, partial and conciliatory compromi-
ses of sectional interests must be made. Individuals entering into society
must give up a share of liberty to preserve the rest. This is the rational
and harmonising spirit and doctrine of law. It is strongly applicable to
these States, confederated for the great purposes of general defence,
general benefit, and general hannony. For the advantages and benefits
of union, the interests of particular States, or divisions of States, should
be in some measure compromised ; that a spirit of liberal and fraternal
conciliation should regulate all measures intended to advance their pecuni-
ary prosperity. Thus, if it be the interest of the Middle and Western
divisions of the Union, to manufacture, their interests should not be
promoted by making tlie agricultural divisions of the Union tributary to
them.
OF SOUTH CAROLINA. ^JSl
The population of the iiist divisions, which secures to ihein a iiumcii-
cal pretiomiiiiinco in tiic t'cderal councils, enables th(>m t(j controul the
mcasuivs of legislation to their particular benefit. It is true that the
political will of the Union, (if a majority of members on the lloor of Con-
gress, be considered a fair representativo of the will of the Union) wa.s
in the Congress which enacted the Tai'iff, clearly in its favor. Are we
told that we must submit to the will of the ma-jority 1 We reply, that
while we admit the general propriety of submission to that voice, does
it im[)ly, that we are to observe the doctrine's of " passive obedience and
uon resistance V That would preclude the constitutional riglit of remon-
strance. But such sentiments are not the native growth of freedom and
republicanism. Besides, the ability to use a power, does not necessarily
imply the expediency of using it ; on the contrary, where the difference
between a majority and a minority is so small ; where opinions and feel-
ings on sulnjects are almost in equipoise ; reason and prudence require,
that a dominant party should use its powers with delicacy and caution.
This should especially be the case with the States of this Union. Under
our Federal arrangement. Congress is made the depository of certain
powers, yielded up by the States sevei-ally, for general objects : objects
which, in relation to the Union, may be called national, in contradistinc-
tion to State objects. Amity, arising from, and cemented by a thcjusand
sympathies and benevolences of revolutionary endearment, presided at
this scene of compromise and concession. It becomes us to recur to this
period, to catch from the records and events of those times, the spirit
which influenced their political agents ; to carry this spirit with us into
the councils which act upon the interests of the nation. Those who look
not back to their ancestoi's, seldom look forward to posterity; the present
fills their conceptions, and the future and the past are alike indiflierent to
them. When the past is thus considered, the wise and judicious will
doubt and hesitate to exercise a power, or execute a measure, ruinous to
the interests of, and therefore offensive to a large minority of the Union.
But to reconcile the southern divisions of the Union, averse to changing
its pursuits, the fruits of which have hitherto been profitably exchanged
for the various commodities of foreign nations — to reconcile New England
to the diminution of her boundless carrying trade — the former is jiromised
an eager market and a fair price for the products of their soil — the latter
is promised abundant employment, in exporting the rich and vaiious man-
ufactures of the United States. These promises proceed upon the follow-
ing assumptions.
1st. That by legislative protection, domestic fabrics, and manufactures
in general, can be supplied at as cheap or cheajier rates, and of qualities
as good, as they can be brought to us from abroad.
2d. That the domestic consimiption will use up all that quantity of our
usual exports, which our imposts may hereafter prevent foreigners from
taking.
3d. That the nautical carrier shall experience no inconvenience from
the ruin of the usual canying trade. That it shall be comi^ensated by a
new and equally extensive and profitable trade, in carrying the compe-
ting manufactures of America into distant markets.
These assumptions proceed upon grounds highly improbable — nay, al-
most impossible. Contingencies are promised in satisfaction for certain-
lies — benevolence is proffered in substitution for rights — Thest^ ai'e the
VOL. I.— 36.
282 STATUTES AT LAR(JE
expedients used to soothe an indignation, aroused by tlie rigoious and.
oppiessivo exercise of power ; a power distorted and perverted. We
decline a repetition of the powerful expositions made against the first as-
sumption. The price of a manufactured article is made up of three com-
ponents— 1st. The price of the raw material — 2d. the wages of labor —
3d. the profits of capital. The powerful expositions which have gone
forth to the world, show the futility of the first assumption. The other
assumptions are entitled to as much credit as the hrst.
The present Tariff is calculated to diminish our revenue. If the course
of policy, pursued in raising the imposts on all imports, be fully effectua-
ted, and the domestic manufactures supercede those hitherto imported —
in which process our external commerce will be dwindling away, and.
with it, our revenue, the question arises, what will be the resort, to raise a
revenue 1 Direct taxation. We deprecate the time when this will take
place ; when the citizens of the different States will be called on to su]3-
port, by direct taxes, not only their particular State, but also the Federal
CJovernment. Patriotism will cheerfully submit to onerous exactions, to
sustain the government in exigency and peril — but it will feel with in-
dignation the weight of any imposition, which sectional power influenced,
by the illiberality of sectional interests, may impose. It will feel with
regret, mingled with a proud contempt, a faithless departure fi'om the
letterandspiritof a compact, formed with thefondest hope of its purity, and
hitheito, until I'ecently, cherished and adhered to with an exalted and pa-
triotic reverence. Taxation is a power, which to avoid, offence requires
a delicate use and execution. An indirect, insinuating, and therefore
inojiprcssive mode, is preferable to any direct taxation. When the tax of
an article or item of property is disguised and concealed by its price —
which, in relation to the article itself, is considered its fair equivalent —
the tax is paid and is not felt. It falls almost insensibly upon the consu-
mer. And mankind in this way, will pay with no re^jugnance, a sum of
taxation, which if demanded of them as a tax co nomine, and in cash,
they would reluctantly hand forth. The payment of two specific taxes,
for two specific objects, would be throughout the States disagreeable, and
would seem and feel oppressive ; however constitutional and proper it
would be amidst national necessity. But the prosecution of a course of
policy by the Federal Government, which would render this resort always
necessary for its support, is a course which we feel opposed to, and will
perseveringly and decisively resist. To this result the tariff policy, with
its avowed object, tends — to that, as the instrument of effecting it, we will
yield a full and steady tribute of opposition. The exports of Southern
production have, and still constitute, the chief mean of exchange for all
articles brought from the abounding stores of British industry. The tariff
intending to promote domestic manufactures by almost prohibiting this
exchange, intends to force Southern products into Northern markets. By
this, the agricultural and mercantile interests are oppressed. Is not the
tendency to restrain and diminish foreign commerce % Does it not abuse
and pervert the power, '• to raise a revenue," as well as the power " to
regulate commerce V
Congress has power " to promote the useful arts" — Among them, cer-
tainly, the arts of manufacture and the art of agriculture — How % By
Jorcing the fruits of agricultural industry into one channel, and into one
market % By forcing them to contribute to manufactures ? And thus, in
effect, giving bounties to manufactures, to stimulate their activity and
their enterprise"? No — But by securing to the inventors of impiovements
OF SOUTH CAROLINA. 283
in the useful arts, the bonefits of their inventions and their discoveries.
Household industry supplies the immediate wants of families, their fo(jjl
and thiur raiment. Advancing one step further, an individual, i'm gain,
and the convenience of a neighborhood, may manufacture to supply for
equivalent compensation, the wants of a population around, 'i'hus the
progress is s])ontaneous and natural. The progress of their increase and
diffusion throughout a country, is alike natural, and jjroceeds uj)on the
common ])rinciples of necessity, convenience^ juulit and ability ; as these
are developed amidst an increasing and improving p(^pulution, daily and
yearly acquiring a thousand artificial and refined wants. Mamifactori(-s,
which supply the various conveniences and elegancies, whicli refinement
or luxury either require or crave, will natui'ally spring up by the ent<!r-
prise and cupidity of individuals. They will be resorted to as a profitable
or supporting species of labour, by thousands ;' and will be seen to in-
crease and prosper, according to the amount of the wants and demands
of population.
The gi-eatest stimulant to the improvement and extension of the useful
arts, exists in the power resident in the Federal Government, to appropriate to
individual genius and skill, the benefits of its inventions and discoveries.
The Federal Convention, sagaciously foreseeing this natural progi-cssion
of improvements, wisely withheld from Congress the power to jDromote
them by additional protecting laws. By this power the same rewards
are held forth to active and inventive genius throughout the Union. What
further power could have been necessary ? Can Congress incoi-jiorate
a company of manufacturers in any one of the States 1 It cannot. If a
power of jn-otection any other than that specified, " to promote the use-
ful arts," was intended to be given by the Constitution to Congi'ess, Avhy
was it not given in some direct, positive, indisputable form 1 But an ex-
press refusal to give such a specific power, is recorded on the journals of
the Convention ! And the power of granting patent rights, for inven-
tions and discoveries, substituted as more expedient. A power highly
remunerative and incapable of oppressing.
A tariff for raising a revenue, is constitutional and necessary. Fur-
ther than this, no object was intended by the power. The legislative
power of the several States is the proper power to promote manufac
tures, by incorporating companies. Such is the common mode of con-
centrating the wealth of individuals, and rendering it, when thus united,
competent to do what individuals could not efl'ect. Such, too, are volun-
tary associations, formed with the hope or the certainty of particular
advantages ; and as such, their efforts may be considered as private
enterprises. Thus, there exist two proper depositories of powei-s,
capable of producing the same efiects, by two different modes. The fed-
eral power, specified in the Constitution, (Art. 1st, Sec. S) " to promote
the useful arts," — And the State power of incorporating companies, or
giving exclusive privileges for any specific objects, promotive of its inter-
nal prosperit) : for example, manufacturing companies, when circumstan-
ces hold forth to a combination of individuals, the prospect of profitable
exertions. These powers are, too, in strict concurrence. A judicious
and necessary tariff may, collaterally, stimulate domestic industry — arouse
activity — and inspirit speculation. Such results may often succeed upon
a truly revenue regulation ; and the fact of their following proves the
regulation to be judicious. But what are we to say of a tarift" which
prostrates commerce ? Which operates so ojipressively on the fair and
honorable enterprize of merchants, as to produce the same effects as a
284 STATUTES AT LARGE
law lo promote smuggling ? We must condemn it as injudicious — And.
when we couiuder the law to have been enacted to encourage domestic
manufactures, we must condemn it as unconstitutional. Further — If such
a power was intended to reside in Congress, other than that expressly-
given, w^hy did the Constitutton expressly forbid the imposition of duties
on exports ? Does not this exemption intend, and in fact promote an ab-
solute freedom of trade? Yet, the present tariff policy, intends by are-
verse operation, to defeat the effect of that exemption.
England promoted her Woollen Manufactures by inhibiting the expor-
tation of wool. To promote manufactures she pursued a course the op-
posite of the "American system." Yet the English plan is that, which
would directly promote the objects of the " American system." This
plan cannot be pursued, it is forbid by the constitution. Yet such, if
the Constitution had intended it, would have been the power, given to
legislate the country into manufacturing towns — Prohibiting the exporta-
tion of our raw materials, would have induced the necessity of manufac-
turing. Thus the country might have become an inexhaustible supply
for the wants of the commercial world.
One section of the Union may be destined by its physical circumstances
mainly to pursue manufacturing. If so, the rapid progression of every
thing, amidst lively and unfettered enterprise, will early develope that
destiny. It will be sustained by circumstances more powerful and j^erm.a-
nent than legislation. Amid the rival industry of sister States, absolutely
free in their social and commercial intercourse, what is mutually advanta-
geous will be developed with insensible rapidity — when thus made known,
interest will lead to their enjoyment. Proceeding thus, a Federal and
Domestic Legislation, liable to the natural bias of sectional intei^est, and
therefoie to abuse and partial oppression, being abandoned, the geograph-
ical delineation and fosterage of particular interests, will produce no heart
burnings among the several divisions of our Union.
We, therefore, recommend to our sister states, opposed to the recent
Tariff law, solemnly to j^rotest to the Senate of the United States against
that obnoxious law — to deprecate the abuse of limited powers, to ac-
complish ends capable of accomplishment by legitimate and prescribed
means.
We recommend a remonstrance to the States in favor of the Tariff,
advising of its injurious tendency and operation to their sister States op-
posed to it, and insisting on the necessity of compromising sectional inte-
rests for the general good.
We recommend a policy for self-preservation, exhorting each State op-
posed to the Tariff policy, to ward off its effects, by living as far as pos-
sible within itself.
We recommend a continued and strenuous exertion to defeat that gen-
eral, pernicious, and unconstitutional policy, contemplated and pursued by
the advocates of the tariff.
Such means, may restore Federal Legislation to the standard of Con-
stitutional correctness. Times, occasions and provocations, teach their
proper lessons and expedients. Future measures will be dictated by
expediency; the nature and tendency of injury will suggest the mode and
measure of future resistance.
Therefore Resolved, That copies of this Memorial be signed by the
President of the Senate, the Speaker of the House of Representatives,
OF SOUTH CAROLINA. 28.'
and by his Excellency the Governor ; and that one be transmitted by his Georgia
Excellency to each State of the Union opposed to the Tariff" act of First ^^'■'^^.^'''^■
Session of the Twentieth Congress. ^..^^^-^^^
IRBY HUDSON,
Speaker of Oic House of Representatives.
Attrst— WM. C. DAWSON, Clerk.
THOMAS STOCKS,
President of the Senate.
Attest— WM. Y. HANSELL, Secretary.
Approved, Dec. 20, 1828.
JOHN FORSYTH, Governor.
286 STATUTES AT LARGE
REMONSTRANCE,
To THE States in favour of a Tariff ; adopted by the Legislature
OF THE State of Georgia, Dec. 19, 1828.
ORDERED TO BE PRINTED AMONG THE PAMPHLET LAWS, REPORTS AND
RESOLUTIONS OF SOUTH CAROLINA, AT DEC. SESSION, 1829.
(Sec TampMet Laics, Reports and Resolutions of 1829, j^- §7.^
House of Representatives, Friday, December 19, 1828.
To the Feople of the States in favour of proJiibiting importations, as a poli-
cy for tlic enconragement of domestic Manvfacturcs.
To preserve tlie Union of these States, and the full enjoyment of that
happiness which is secured to us all by a holy regard to the Constitution,
is deemed an object of sufficient magnitude to justify an Address, friend-
ly in its character, and brotherly in its objects, from one part of the po-
litical family to the other.
The people of Georgia believe the crisis to have arrived, when it be-
comes necessary, through their representatives, to express to you, in lan-
guao-e of sincerity and truth, their views and feelings upon the great
question which seriously affects the interest of a large portion of the
confederacy, and agitates the feelings of the whole. It is not for the
purpose of making captious objections to the exercise by Congress of le-
gitimate powers, that we claim your attention : But with an ardent hope,
founded upon the intelligence, virtue, and love of common country, which
reigns among the people, of bringing the public servants back to that
republican simplicity, in the administration of our affairs, which marks,
sustains, and adonis our political institutions, and is the only safeguard
to liberty. The nature and extent of our political associations cannot be
misunderstood by any one who will discard sectional interest and dispel
from his mind the mists and prejudices produced by its deceptive in-
fluence.
That the relation in which we stand towards each other, may be dis-
tinctly understood and acknowledged, it is only necessary to review our
several situations previous to any political alliance with each other.
From our earliest colonization we were of kindred blood, and kindred in
principle and close connections in pure love of liberty. Our primary po-
litical connexion had its origin in the oppressions of the mother country.
We resisted aggressions upon our unalienable lights, and with a fervour
that thrilled through every heart, joined our fortunes, our lives, and our
sacred honor, in the declaration of our independence and the achieve-
OF SOUTH CAROLINA. 287
menL of our liborlios. Providence hallowed the uiidcrlakiii<(, and victo-
ry sealed our triumph; and each of us was acknowkjdtrud a //vr, hulc-
2>cndciU and sorcrci^/t tSld/c.
To secure the blessings of liberty to ourselves and our posterity, wc
formed that Constitution, against the provisions of which no (Georgian
was ever heard to utter a murmur of complaint. It was by that Consti-
tution we expected to l)e governed in our relations with ibieign govern-
ments, and with each other as States, or Independent Communities.
The people of Georgia wish neither to deny nor withdraw any power
which they have gi^anted. They love and venerate the Constitution, as
they believe a tenacious adherence to it is the only security to the pros-
perity, the liberties, the glory and the happiness of all the States ; and
that uj)on its perpetuation, in its native purity, the principle and progress
of free government in the whole world de])end. In the legal exercise
of the powers conferred in that instrument there is not a dissenting voice
in Georgia. But it is the misconstruction and abuse of those powers
that is sought to be redressed. The sovereignty of the State Govern-
ments was never intended to be given up or impaired, in any other man-
ner than that expressed in the Constitution, and was retained and cau-
tiously guarded, both by the limited and special grants t)f power in the
Constitution, and by the insertion in that instrument of the following ar-
ticles : " The enumeration in the Constitution of certain rights, shall not
be construed to disparage others retained by the people." And " the
powers not delegated to the United States by the Constitution, nor pro-
hibited by it to the States, are reserved to the States respectively, or to
the people." These articles were intended as express limitations to the
General Government ; and explicit reservations to the State Govern-
ments of every power not granted. The language is too plain to fail in
expressing the object of the Convention. It cannot then be believed, not-
withstanding the warmth and earnestness with which it has been con-
tended, that the States assented to any powers being given to the Nation-
al Government, but those which were expressed and those which were
strictly necessary and proper to cai'ry such expressed powers into
effect.
A system of measures not contemplated by the Constitution, has been
adopted and pertinaciously pursued by Congress, having for its object the
improvement of particular parts of the country, and the advancement of
sectional interests. These measures, of whatever kind or character, are
justly objectionable — as they can only be supported by forced construc-
tions of the Constitution, and are partial and oppressive in their opera-
tion : and among them may be included that system, which has been in
progress for years, of levying heavy duties, to exclude from our ports
many articles of general commerce, for the puqiose of encouraging and
protecting the manufacturing interest, in exclusion to the other great
branches of indixstry.
If it were inexpedient only, oppressive and ruinous as it is to our in-
terests, we would not use this method of opposing it. The repeal of
the measure would be sought in a different way; but when it is an open
and violent infraction of our Compact, we have a right which we will
never surrender, to demand its repeal. It is not presumed tliat you will
continue to confide in those who persevere in the exercise of a power
which has never been granted them. If it has been granted, it is open to
public view ; there are no secrets in the Constitution — but for the atitho-
rity which it confers, the National Government would not exist. Its pow-
er is based upon the Constitution alone, and has no auxihary. Where,
UNIVEr,ITY OF SOUTH CAROLINA
SCHOOL OF LAW LISRARY
288 STATUTES AT LARGE
then, we may confidently ask you, is the power granted, either expressed
or implied, either in letter or spirit, to pass laws to create, extend, and to
protect a particular branch of industry, to the prejudice of other interests
of equal imjaortance to the people, and of equal advantage to the Nation?
It cannot be denied that this is the effect of protecting duties, and that it
was intended to be the effect, as prices of all articles upon which duties
are paid are obviously enhanced to the extent of the duty imposed. Is
the right claimed by Congress fairly deriveable from the power granted
to levy taxes, lay imposts, &;c ] The object to be obtained by this power
is very clear. It was to enable the government to raise a revenue to de-
fray expenses, indirect taxes being considered a better mode of raising
funds than direct, because they bear most heavily upon those who have
most ability to pay them. That power was likewise given to Congress
to prevent the injustice which would have resulted to the non-importing
States, by paying their indirect taxes into the coffers of importing States,
and at the same lime through direct taxation upon their people to fur-
nish their quota of the disbursements of the government. It was not in
contemplation of the framers of the Constitution, that a power to raise
revenue should be exercised to destroy it. The Convention of Harris-
burgh, who met to goad Congress to the late desperate expedient for the
establishment of the monopoly of the manufacturers, knew full well, while
recommending an increase of duties, that a decrease of revenue would
be the immediate, and the annihilation of it, the Jinal result, if their wish-
es were accomjalished ; and gave occasion to the subterfuge used in Con-
gress to evade the question of Constitutional power, by rendering it im-
practicable for the judges of the Supreme Court to ascertain the true ob-
ject of the act passed, without looking to the motives of its advocates,
which unhappily, as it regards this act, they do not consider themselves
authorized to examine.
The Constitution declares that the imposts shall be uniform throughout
the United States. That declaration was intended to protect the States
from any partiality and advantage which might otherwise have been ex-
tended to one quarter of the country, by making the imposts greater at
one port than another. What is the difference in effect, if you insist, through
that power, to levy such excessive duties as will give the interest of one
part of the community, an advantage over that of another? though that
end is not accomplished by imposing greater duties at some ports than at
others, yet you desire to attain the same object by their excessive imposi-
tion and increase.
Is the right to protect manufactures, claimed under the power to
regulate commerce % It is true. Congress has the laower to regulate
commerce with foreign nations, and among the several States, and
within the Indian tribes. This power was given to enable Congress
to carry into effect the commercial treaties with foreign nations, and
render them xmiform throughout all the States, to save the pei'plexity
which would have arisen by each State retaining the power of making
its own commercial regulations with foreign nations, and with the States,
which, without such a grant of power, would not have been effected.
That clause was never intended to vest the right, nor can it be legiti-
mately inferred from it, that Congress had the power of legislating upon
the internal concerns and interest of the people of the several states.
It was only intended to regulate our relations between the whole of the
States as one body, and foreign governments, and our commerce with
each other as states, or independent communities. If under that grant
of power, the right of passing laws for the protection of manufactures
OF SOUTH CAROLINA. 289
Can be justified, a continuance of the principle, anJ an extension of the
practice, will lead to the entire exterpation of the very commerce which
that clause was inserted to regulate. If it be your interest to lay such
interdicting^ duties as to exclude one article, by the same rule you may
exclude another, and go on excluding, until you completely inhibit the
importation of every species of foreign manufacture. Should y<iu con-
tinue to claim the right of excluding all articles which it is your interest
to manufficture, you will not, nor cannot deny the same right to other
sections of the Union. We might upon our pait, insist upon such a
duty on sugar, rum and molasses, as to prohibit the impcntation of those
articles; and though we might not be able at oiicf; to furnish a sufficient
supply for the consumption of the whole Union, it would he no decisive
argument against us, since it is always in our power to retort upon you
the favorite answer of the manufacturers — " It is true we cannot at
present furnish what is required for the consumption of the nation, and
the people will pay higher for these articles of necessity ; but give us
our own prices long enough, and we shall furnish them much cheaper
than they are now afforded, to the great benefit of the country, and the
encouragement of American industry."
Other sections of the country having the same right, would require
prohibitory duties upon their favored products or manufactures ; and if
protection be granted to all, as justice requires it should be, if granted
to ayiy, the inferrence is irresistable that the commerce with foreign
nations, so far as regards importations, would be at an end ; it follows
as a necessary consequence, that all foreign commerce will be entirely
cut off". Money is the only medium of exchange, and no nation will find it
to be to her interest to buy our exports, unless we receive theirs in
return.
If the system cannot be justified in the general, ujion the inhirlphs of
our government, it cannot be in ^w?Y — It is not reasoning upon extreme
cases, and if it were, it is not an illegitimate test of constitutional
principle.
Whenever a power is exercised by Congress, which is not granted, it
is an assumption of authority by that body, dangerous to the liberties
of the people, since every assumption of power is an act of despotism.
The intention and letter of the Constitution, were to prescribe within
certain defined limits, the power of the General government, and not to
consolidate the power of the state sovereignties. If the latter was the
real government, no matter how arbitrary and partial might be its
measures, they would nevertheless be the law, as the majority would rule.
But while the Constitution is to regulate the power of Congress, any
act which is in contravention of that instrument is illegal, and not binding,
even though it may have been passed unanimously, and twenty- three out of
twenty-four States should assent to it. " Toprovide for the general welfai-e,"
is an expression in the Constitution by virtue of which it has been
contended, that any law would be constitutional ^vllich, in the opinion nf
Congress, would redound to the general interest. From an inspection
of the instrument, this, so far from being a grant of power, is the
designation of one ohject to be effected by powers specially and distinctly
granted in the Constitution. The Constitution never intended to grant
power by this clause; if it had, there would have been no need of any
other article in the Constitution — If it were standing alone, and received
the construction given to it by those who claim unlimited controul for
the national councils, it would of itself render every article in that in-
strument nugatory — Indefinite in its extent, it would ^/\\c, if it gave
VOL. i.— 37.
290 STATUTES AT LARGE
any thing, unlimited authority. Establish its claim as an authoritative
article, and it will justify any thing and every thing which Congress
might pretend to believe would promote the general welfare.
The interest of one State was never intended to be sacrificed to that
of the others — Climate, soil, and custom, have prescribed different
occupations and pursuits suitable to the situation and condition of each.
If it be the interest of any part of the confederacy, to manufacture, let
them pursue those vocations in peace to which their genius and circum-
stances direct them ; it is not, though, expected that they will by legisla-
tive enactments, continue to reijuire the agriculturalist to make sacrifices
to enhance the products of their labor. Such pretensions are foreign
from the sp'nit of the compact. We have as much right to lay prohibi-
tory duty upon the hogs, horses and mules of Kentucky and Ohio, to
promote the encouragement of raising those animals, as the General
Government has to prohibit foreign goods, to promote the manufacture
of them in a peculiar section ; or that Kentucky should vote for a duty
on bagging to compel us to pay a greater price for the article. The
whole prohibitory system is founded in eiTor, and humanity weeps over
the fading patriotism of those who sordidly pursue their own interest at
the expense and utter sacrifice of the holy princijiles of liberty and the
constitution.
The people of Georgia are fully sensible of the impositions which
are heaped upon them by the extravagant constructions and perversions
of the power delegated to the United States, and regret that they have
causes of complaint too well founded to be removed by aigument, or to
be softened by explanation. Let us recur to the inducements which
were held out, the great objects to be attained, by our political connex-
ion. The Constitution was adopted to form a more perfect union,
establish justice, ensure domestic tranquility, provide for the com-
mon defence, promote the general welfare, and to secure the blessings of
liberty to oui'selves and posterity. Can it be said that the anticipations
of our forefathers, who looked to effect these objects by the instrumen-
tality of the Constitution, are realised, when our interests are made
subsei-vient to a growing monopoly 1 Is justice established, when we
are required not only to buy the products of your labor at your own
price, but to suffer by the same compulsory arrangement the loss of a
great market, and a depreciation of price for our own ? Is it reasona-
ble to expect a more perfect Union, when the interest of a portion of
that Union is wholly disregarded, and made the subject of depredation by
the other jjart ? Can tranquility be ensured among a people who are
reminded of their injuries and oppressions by repeated infractions of their
compacts and solemn engagements 1 Is the general welfare promoted
by a studious and systematic course of legislation, which has for its
object the pi'omotion and encouragement of a particular branch of
industry at the expense of all others 1 And will the blessings of libeity
to ourselves and posterity be secured, if the violence of irritated feel-
ings, and a sense of that misery and degi'adation which, if the limita-
tions of the Constitution are not more strictly observed, must be our
portion, should produce such convulsions as to rend in twain the Tem-
ple ot Liberty ?
When we entei'ed the confederacy, it was for the protection of our
rights, and we were particularly cautious to grant no power by which
they might be either disregarded or abused ; and if instead of that
[)rotection, they are abandoned, and made the sport of the self-interest
of our nearest and dearest friends, we must, as we did under British
OF SOUTH CAROLINA.
291
domination, seek an efrectual remedy. This we sliall be rompellcd
most reluctantly to do, if these partial and unconstitutional measures are
persevered in, without fear of imputation from our cotemporari(!s, or the
impartial scrutiny of posterity. But does not the heart of philanthrftpy
sicken at the prospect, that the American Constitution, justly esteemed
by the friends of freedom throughout the world, as the great monument
of the genius and patriotism of the last century, is in danger of being
torn by manufacturing cupidity from its high place, while some of the
imuKUtal men whose hands aided in its elevation, are yet on earth to
witness and deplore the sacrilegious deed!
Resolved, That the Governor be requested to forward a copy of the
foregoing remonstrance to the Governors of the several States.
Approved, Dec. 20, 1828.
JOHN FORSYTH, Governor.
fiEORGIA
Remon-
strance.
1828.
292 STATUTES AT LARGE
RESOLUTIONS OF VIRGINIA, ON THE POWERS OF THE
FEDERAL GOVERNMENT.
ORDERED TO BE PRLNTED WITH THE ACTS AND RESOLUTIONS OF SOUTH
CAROLINA, DEC. SESSION, 1829.
(Sec Pamphlet Laus, Reports and Resolutions of 1829, page 71. J
Report of the select Committee on the Resolutions of Georgia
AND South Carolina.
The Select Committee to whom were referred the communication of
the Governor, transmitting the proceedings of the Legislature of Geor-
gia, in relation to resolutions from the States of South Carolina and Ohio,
and the proceedings of the State of South Carolina on the subjects of
the Tariff' and Internal Improvements, have bestowed on those subjects
their most profound consideration.
Having subjected the preambles and resolutions to strict examination
and severe criticism, they find the annunciations and results to be mainly
sustainable, so far as they pertain to the Acts of Congress, usually de-
nominated the Tariff Laws, and thus designated in those several proceed-
ings-
The proceedings of the Legislature of the State of Georgia, as well
as those on which they are founded, emanating from the Legislature of
South Carolina, announce and sustain the opinions of Virginia, hereto-
fore proclaimed by successive Legislatures ; opinions, which rest on truth
and reason ; which yijur committee can discern no cause to relinquish ;
but which they are ready to defend and sustain, as involving the most
essential interests of the Commonwealth.
Respect for the dignity and character of Virginia, and an anxious re-
gard for the tranquility of the Union, admonish your committee to with-
hold such remarks as might be suggested by the consciousness of oppres-
sion ; such remarks could have no other tendency than to excite hostile
emotions, ill-adapted to the grave consideration of the momentous ques-
tion which they are deputed to examine. Your committee will, there-
fore, proceed with calmness and temperance, to examine the opinion
heretofore expressed by j^recotling Legislatures of this State, that the
several Acts of Congress, passed avowedly for the protection of domes-
tic manufactures, are manifest infractions of the Federal Constitution, and
dangerous violations of the sovereignty of the States.
The Government of the United States has ever been regarded by the
sovereignty of Virginia, as Federative in character, and limited in power;
as deriving its powers from concessions by the States, which concessions
OF SOUTH CAROLINA. 293
were cleai' and explicit, plainly declarative of all \\ liidi was delcfrated, Virginia
and actually containini^ a specific enumeration of every power (lesiqijed ^ ]'f^2y.
to be transferred. The ])urposes for which theoC powers may he (ixertcd
have been regarded as distinctly defined, and it was considcretl that the
Government was })rohil)ited, alike, from the exercise of any power not
contained in the specific enumeration, as from th(; perversion of those ac-
tually delegated, to any jiurposc not contemplated in the giant. The
Convention which, on the part of Virginia, ratified the Constitution of
the United States, gave this interpretation to the instrument. Its advo-
cates then urged its adoption, as constituting such a (government as is
here described. It was insisted, on many (occasions, that the powers of
ihe Government were expressly enumerated ; and that none others could
be claimed. It was insisted, with equal earnestness, that the purposes
for which these powers might be exerted, were as distinctly ascertained,
and that they could not be perverted to any other object. The ablest and
most zealous advocat?:s of the Constitution insisted, that such was its just
construction, even according to the terms of the original text, and it must
be aknowdedged, that this construction is strengthened by the subsequent
adoption of amendments to the Constitution. Those who opposed the
ratification of the Constitution, founded their objection on a suj)posed ab-
sence of limitation, according to the plan originally submitted ; and pro-
posed, as an expedient to remedy this defect, the amendments which
were subsequently adopted. A majority, however, of the Convention, de-
termined on the ratification of the original text, explained and defined by
its advocates, as organizing a Government with limited powers, specifi-
cally enumerated, and restrained in the exercise of those powers to the
attainment of specific ends. An anxious solicitude to establish indispu-
tably this construction, induced the z'ecommendation of those amendments
which have since been engrafted on the Constitution, establishinij this
construction even in the opinion of those who opposed the adoption of
the Constitution.
This being the sense in which the Constitution of the United States
was originally accepted, your committee have anxiously examined the
record of succeeding times, to discover if any things have since occuned,
calculated to change the import of the instrument; and after the most
patient examination, they confidently report, that nothing has transpired,
which could in any manner modify its just construction. If at any suc-
ceeding period, attempts have been made to pervert the import of the
original compact, Virginia has ever been prompt to avow her uncjualified
disapyn-obation, and manifest her undisguised discontent. The imperish-
able history of '98, has perpetuated the memory of her laudable zeal, in
sustaining the true principles of the Constitution, in maintaining the so-
vereign rights of the States, in successfully resisting the lawless usurpa-
tions of a Government bent on the acquisition of boundless jiower. The
deliberations of the Legislature of this Commonwealth, during the period
of '98 and '99, in i-elation to the construction of the Constitution, by a
felicitous combination of circumstances resulted in a just and luminous
exposition of the true principles of the Federal Compact. This expose
clearly ascertained the just limitations of Federal power, and happily
pointed out to future generations, the just rule of interpreting the instru-
ment. The construction then jjlaced on the Constitution, was submitted
to the decision of the most august of all tribunals, and sustained by the
judgment of United America.
The history of Virginia discloses several occasions, on which the Con-
stitution was brought in review, and the committee ha\e found that on
294 STATUTES AT LARGE
Virginia every occasion where the question was involved, the former Legislatures
1829 '*'^'^ of this Commonweath have insisted on a limited construction of the in-
strument. Sustained by the concuiTence of our predecessors, from the ear-
liest history of the Constitution, your committee find but little difficulty in
determining the Government of the United States, to be Federative in
its character, and limited in its powers — That the powers vested in the
Government, are conveyed in an express enumeration — That no power
can be Constitutionally exercised, which is not contained in that enume-
ration— That the purposes for which the Government was instituted, are
explained in the instrument ; and that the powers specified in the enume-
ration, cannot be legitimately exerted, for any purpose not designated by
the Constitution.
Regarding these propositions as true, it seems to your committee, that
to determine on the constitutionality of laws, passed for the protection of
American manufactures, it can only be necessary to examine the enume-
ration of grants. If the power be there expressly delegated, then, in-
deed, the question ends. If, on the contrary, no such power be there ex-
pressly conveyed, we must recur to further reflection.
In examining this enumeration of grants, your committee have not
been able to discover any such express delegation, authorizing the pro-
tection of American manufactures, by means of prohibitory, or protecting
duties. They find, however, a clause in the Constitution, empowering
Congress " to promote the progress of science and the useful arts, hy se-
curing, for limited times, to authors and inventors, the exclusive right to their
respective writings and discoveries ^ On a critical examination of this
clause, it will be found to bear with much force on the question, wheth-
er or not Congi'ess have the right to advance the manufacturing interest
of America, by the imposition of prohibitory, or protecting duties. The
ends which the government may attempt, are plainly ascertained by the
terms of the compact. The means which may be legitimately exerted,
for the accomplishment of these ends, are as plainly determined and de-
scribed. The phrase useful arts, it will be conceded, embraces and de-
scribes the manufacturing art ; and it is deemed competent for Congress
to jy^'omote its progress, by securing for a time, to any fortunate or scienti-
fic artificer, the exclusive use of all his discoveries. The interest, then,
of the manufacturing art, may be promoted after the manner indicated in
this clause ; but the suggestion of this particular mode operates as an
exclusion of all other modes ; and it seems to follow as a natural conse-
quence, that the manufacturing interest may not be promoted by the im-
position of prohibitory or protecting duties.
The proceedings which were had in the Federal Convention, confirms
this construction of this clause. The plan of government finally adopt-
ed, was submitted to the consideration of the Convention on the 29th
May, 1787, by an honorable member from the State of South Carolina.
No such clause as the one now under consideration, was contained in the
original draft, nor was any such engrafted on that draft, by the select
committee, to whose examination the plan was subjected. On the 18th
day of August, succeeding, it was proposed to consider the propriety of
conferring on the government additional powers ; and among others,
the following were suggested for reflection.
To give to Congress the power " to secure to literary authors, their
copy rights for a limited time."
" To encourage, by proper premiums and promnoTts, the advancement of
useful knowledge and discoveries."
" To grant patents for useful inventions."
OF SOUTH CAROLINA. 295
" To establish public institutions, rowai'ds and immuiiilies, for tlin pro- Virginia
motion of agriculture, commerce, trades and manujarf tires." '^'"'j'g.Vy'"'**'"
These propositions were referred to a select committee, who, after ma- ^^^y-^^^
ture I'eflection, reported on the oth of .Sui)tember following, the clause as
it now stands in the body of the Constitution, investing Congress with the
power "to jjrcimote the progress of science and the UHcful arts, by sccunno^
for limited times, to authors and inventors, the exclusive right to their
respective writings and discoveries." It became the duty of that com-
mittee, in the examination of the subjects to them referred, to inquire
into the expediency of investing Congi'ess with powers "for the promotion"
of " manufactures^ In the event that they should hnd it expedient, it
became their duty further to ascertain the " piO})er premiums and ])rovi-
sions," over which Congress should be invested with })0\ver ; what "pub-
lic institutions, rewards and immunities" Congress should be authorised
to "establish" "for the promotion of agriculture, commerce, trades and
manufactures :" and after due deliberation, occupying the attention of the
committee from the 18th of August to the 5th of September, it was de-
termined that the only provision which should be made, was contained in
the clause which at present occupies our attention. Thus, actually rejec-
ting the propositions which were referred, and negatively declaring their
intention, that Congress should have no other power " to promote the
prog^-ess" of "manufactures," than that of "securing for limited times,"
"to inventors, the exclusive right to their respective" "discoveries." This
report was sustained by the Convention, who thereby afforded unequi-
vocal evidence of their will and design, in relation to the subject of do-
mestic manufactures. Manufactures had become the subject of their
thoughts. They gravely delibei'ated on the powers necessary to be vested
in the government, for the promotion of the manufacturing art, and
after consultation of 17 days, solemnly determined, that the only power
over the subject, which it was wise to confer on the government, was
that of securing temporarily to inventors, any exclusive advantages which
might result from their discoveries. Your committee cannot but regard
these occurrences as a virtual, if not an actual rejection of the proposition
to invest Congress with any other powers, for the promotion of manufac-
tures. And they are, therefore, the more confirmed in their conviction,
that manufactures cannot be legitimately promoted, by the imposition of
prohibitory, or protecting duties.
Your committee would not rest assured of a faithful discharge of the
impoitant duties which devolve upon them, were they to withhold all
comment on such clauses of the Constitution, as have been claimed to
convey to Congress the right to jjrotect domestic manufactures. Tlie Sth
section of 1st article has been relied on as conveying that right. This
section provides, that "Congress shall have power to lay and collect taxes,
duties, imposts, and excises, to pay the debts, and provide for the com-
mon defence and general welfare of the United States ; but all duties,
imposts and excises, shall be uniform throughout the United States." It
is insisted by the advocates of protecting duties, that Congress is invested
by this clause, with unqualified power over the subject of duties and im-
posts ; which may be well exerted for the advancement or advantage of
the American manufacturer ; but this proposition appears to your com-
mittee to be entirely unsustainable. So far from conveying to the govern-
ment of the United States, unqualified power over the subject of duties
and imposts, that government is restrained in the exercise of its power
over the subject, to the accomplishment of objects enumerated in the
very clause itself. The words " to pay the debts, and provide for the
296 STATUTES AT LARGE
common defence and "encral welfare of the United States," are ascertain-
ed by the phiinest rules of cframmatical construction, to be a limitation
on the preceding member of the sentence, restraining Congress in the ex-
ercise of the power "to lay and collect taxes, duties, imposts, and exci-
ses," to the objects of paying the debts, and providing for the common
defence and general welfare of the United States. If this be true, the
section contains an express enumeration of all the purposes for which the
power may be exerted : the care and attention of American manufac-
tures, are not embraced within this enumeration : and it would seem to
your committee necessarily to follow, that the power conveyed by the
section cannot be exerted for the protection or promotion of American
manufactures.
It would be uncandld in your committee to elude or evade the exami-
nation of the question, whctlier or not the words " to pay the debts, and
])rovide foi- the common defence and general welfare of the United States,"
convey to Congress distinct and substantive grants of power. The affirm-
ative of this proposition has been maintained by the advocates of protect-
ing duties ; but your committee confess, that after the most mature de-
liberation, they have not been able to arrive at a similar conclusion. The
collocation of the words excludes the idea of such a construction. They
are inserted after the terms "dvxties and imposts," and are immediately
succeeded by the words "but all duties, imposts and excises, shall be uni-
form throughout the United States." This concluding member of the sec-
tion proves, that the attention of its framers had not been diverted from
their primary subject. They had not inti'oduced another subject, but
were engaged in modifying, restraining or regulating the power over the
subject first introduced. Their provisions were to have reference to it ;
there was nothing else on which they could attach; and the words "to pay
the debts and provide for the common defence and general welfai'e of the
United States," could no otherwise aftect the power "to lay and collect
taxes, duties, imposts and excises." than as creating a limitation, restrain-
ing Congress in its exercise, to the raising of money for the jDurpose of
paying the debts, and providing for the common defence and general
welfare of the United States. Had the Convention designed these words
as conveying any substantive grant, they would have been separated by
more distinct marks of punctuation. They would have been thj'own into
a separate sentence. This was done in every other instance. All other
subjects of grants of power have been treated of in sentences. The
gi-ants and provisions on each subject, are perfected and concluded before
the introduction of another subject; and it would seem to your committee
to be unaccountable, if in this particular instance the Convention had intro-
duced a distinct grant between the clause which relates to the raising of
money, and an acknowledged limitation on that clause. To construe the
words as containing a substantive gi'ant of power, is to convic.t the fra-
mers of the Constitution of the gross impropriety of interpolating one
substantive grant between another substantive grant and its acknowledged
limitation. If these words, " to pay the debts, and pi-ovide for the com-
mon defence and general welfare of the United States," were designed as
a limitation on the first member of the sentence, the collocation cannot
be improved. They follow immediately the words which they weie in-
tended to qualify, and have a natural and obvious connexion with them.
If, on the contrary, they be designed to impart additional energies to
the Government, the Convention are convicted of this confused interpola-
tion, when by a natural transposition of the members of the sentence, the
design would have been clear. The difficulty would have been rendered
less, had the section been construed thus : Congress shall have power.
OF SOUTH CAROLINA. 297
To lay and collect taxes, duties, im])osts and excises ; but all duties, Viuoinia
imposts and excises, sliall be uniform throuc^liout tlie United States. ^''i82'J."'^''
Confricss sliall liave ]io\ver to pay the debts, and ])rovide for the c(jm- k^^^/~^^^
mon dt^lencc and general welfare of the United States.
Had this subject been thus arranged, it would have strengthened the
argument for protecting duties; but, as the members of the sentence are
at present disposed, to constme the words ''to pay the del)ts, and provide
for the common defence and general welfare of the United States," as
convevino- substantive (jraDts, is to convict the framers of the Constitution
of disjoining the limitation, " but all duties, miposts and excises, shall be
uniform throughout the United States" from the power "to lay and collect
taxes, duties, imposts and excises," which it was designed to limit, and
of appending it to the power "to pay the debts, and provide for the com-
mon defence and general welfare of the United States," which it was
not designed to affect at all. But the Convention is relieved from the
imputation of these inaccuracies of composition, by giving to their pro-
ceedings their rational explication, that the latter members of the sen-
tence were designed as limitations on the power to raise money : The one
declarative of the purposes for which it miglit be raised ; the other pre-
scribing that it should not be raised in unequal pioportions on the several
sections of the Union.
If this conviction wanted confiiTnation, it would be found in the history
of the section, as it was originally introduced to the consideration of the
Convention. It contained unlimited authority over the subject of "taxes,
duties, imposts and excises." It was submitted in these words : "The Le-
gislature of the United States shall have power to lay and collect taxes,
duties, imposts and excises." In this form it was referred to a select
committee, who reported it without amendment or appendage. On the
16th of August it was proposed to insert at the end of the section :
"Provided, That no tax, duty or imposition, shall be laid by the legisla-
ture of the United States on articles exported from any State." The
consideration was postponed, and the subject referred. Six days after-
wards, the committee reported the section with amendments, so as to
make it stand : "The Legislature of the United States shall have power
to lay and collect taxes, duties, imposts and excises, ^or payment of
the debts and necessary expenses of the L^^nited States, provided that
no law for raising any branch of revenue, except what may be specially
appropriated for the payments of interest on debts or loans, shall continue
in force for more than years." Your Committee here discover the
origin of the clause which relates to the payment of the debts, and the
provision for the common defence and general welfare of the United
States. Under the terms in which it was introduced, no doubt can exist
as to its object. It was a manifest limitation on the preceding member. ,
The power to raise money had been gi'anted without limitation, and the
amendment i-estrained its exercise to the raising of inoney "for payment
of the debts and necessary expenses of the United States," with the ad-
dition of a proviso containing even a further limitation. On the 'Z'iiX of
August it was moved to amend this section so as to make it "The Legis-
lature shall fulfil the engagements, and discharge the debts of the United
States, and shall have power to lay and collect taxes, duties, imposts and
excises." This motion prevailed, but was re-considered on the ensuing
day, and the subject re-committed. On the 31st of August it was agreed
that "duties, imposts and excises, laid by the Legislature, shall be uni-
form throughout the United States." This motion prevailed, but was re-
considered on the ensuing day, and the subject re-committed. On the
VOL. I.— 38.
298 STATUTES AT LARGE
Virginia 4th of September, the committee fully and finally reported the section,
Resolutions. • ^, j *i .. ^ i i^ n-'i t • n ^ i n i
1829. m these words tuus punctuated: Ihe Legislature shalJ have power to
lay and collect taxes, duties, imposts and excises, to pay the' debts and
provide for the common defence and general welfare of the LTnited States."
It does not appear from the Journal of the Convention, that this part of
the section ever again came under consideration, after the confirmation of
this report ; except that perhaps, on the 14th of September, it received
as an amendment the addition of these words "but all duties, im])osts and
excises, shall be uniform throughout the United States." A committee of
five members was appointed " to revise the style of, and arrange the arti-
cles agreed to by the House." This committee was invested with no
power to adopt any amendment affecting in any manner the import of
the sentence, and whatever modification it subsequently experienced, was
adopted from a regard to propriety of arrangement, and accuracy of
style. It is obvious from this plain relation, that the original design in
introducing this member of the sentence, was the creation of a limi'ation
on the power to raise money, prohibiting the exertion of that power, ex-
cept 'yhr 'payment of the debts and necessary expenses of the United
States." This limitation was had constantly in view, and whatever modi-
fications the language experienced, were adopted from a regard to the
propriety of style.
Various and numerous are the reflections which have sussfested them-
selves to your committee, demonstratmg the truth of the proposition,
that Congress cannot legitimately " lay and collect taxes, duties, imposts
and excises," to advance the interest of the American manufacturer.
It will not be contended, that Congress have power to impose and
collect taxes or excises, to confer gratuities on any favored portion of the
community ; none would contend for such a power, and for the honor
of the American people, it is hoped, that few would submit to its
practical operation ; but the power of Congress over duties and imposts,
is nol more ample than that over taxes and excises. The power over
all is precisely the same ; confeired by the very same section of the
Constitution ; by the use of the very same terms ; under precisely the
same limitations. Any object which may be accomplished or attempted,
by the exertion of the power to lay and collect duties and imposts,
may be as constitutionally accomplished or attempted, by the exertion
of the power to lay and collect taxes or excises. The selection from
among these vaiious means, is left to the wisdom and discretion of
Congress. The propriety of selecting the one or the other, must be
resolved into a questiou of expediency, and on occasions where Con-
gress may not select at discietion, it has no power to select at all. If
then taxes and excises may not be legitimately imposed, to confer
gratuities on the favorites of Government, it would seem to your com-
mittee to be difficult to demonstrate the competency of the Government
to lay and collect duties and imposts, to further the interest of the
American manufactui«r, who, far from rendering any equivalent, for
the advantage which he derives from the opei'ation of the Tariff", occa-
sions a great and incalculable loss to the Treasury.
Acting under the influence of these reflections, your committee are
constrained to adopt the opinion, that there is nothing in this section,
which confers on Congress the right to foster domestic maufactures, by
the imposition of prohibitory or protecting duties.
This right has been claimed for the Government, under the clause
which gives to Congress the power " to regulate commerce with foreign
nations, and among the several States, and with the Indian tribes."
OF SOUTH CAROLINA. 299
T5ut it seems to vour cDminittee, that the autliority to refjulatc commerce, „ Virgikia
, "' 1 .• c ^ rpi 1 Resolutions.
involves no jjower Qver domestic in.murac^turcs. i lie phnises are 1^29.
entirely dissimilar, and cannot be construed as synonymous. Eacli is a
distinct, dcterniinatc subject, and they cannot possibly be identified.
Commerce bein<.^ the interchange of commodities, implies the crckange
of one thini^ for another, between different individuals or nations. Do-
mestic manufactures are local establishments, founded for the produrtion
of commodities, and the phrase impHes no exchange at all. The term
commerce associates a jrencral idea of trade. The teiTn mannfactureH
associates the idea of fixed, permanent, local foundations. Commerce
supplies to the American citizen, in return for the product of his labor,
the varied products of distant climes. Manufactures convert his raw
material into fabrics for consumption. Sophistry itself cannot identify
things thus substantive and distinct ; nor render synonymous the tenris or
phrases by which they are represented. Yet the argument which
derives the power to protect domestic manufactures from the power to
regulate commerce, docs indeed identify the subjects, and render the
terms substantially synonymous.
The ])ower, too, to regulate commerce, was granted with a view to
its perfection. Independent of the consideration of revenue, it was
delegated to secure the most advantageous arrangements in foreign trade,
and to ensure domestic tranquility, by extinguishing all subjects of cavil
among th.e States, originating in particular confiicting legislation. But
the policy of the protecting duty's system, is by no means the advance-
ment of commercial interest. Its object is to extinguish foi-eigti trade ;
whilst it surely disturbs domestic tranquility, by furnishing a subject of
loud and heavy complaint, of severe and angry recrimination. To
derive, then, the right to protect domestic manufactures, from the power
to regulate commerce, would be to pei'vert the design of the framers
of the 'Constitution, defeat the ends of the instrument itself, and to estab-
lish the paradoxical proposition, that it is the same thing to perfect and to
destroy.
Having concluded this minute examination of the several clauses of
the Constitution, which were supposed to refer to the subject of protec-
ting duties, or which have been claimed to have such reference, your
committee find themselves occupying a position whence they may pro-
ceed with greater advantage to the contemplation of this momentous
subject. The great design of the Federal Compact, as conceived by the
wisdom of its illustrious authors, was the establishment of a Government
competent to combine the energies of the several States, for the pui'jjo-
ses of mutual and reciprocal safety and protection, against foreign insult
and aggression : a government, adequate to secure the harmony and
tranquility of America, by exterminating all subject of feud, and inter-
posing its friendly and impartial adjudication, on occasion of cavil or
dispute among the States. Experience had shewn to our sagacious
Statesmen, that these were subjects of a general concern, in which the
States held a common interest ; the advantages of which were mainly
sacrificed, by the particular conflicting legislation of the States. The
jurisdiction over these, it was obviously proper to vest in some common
tribunal, having authority to legislate for the general weal, and in rela-
tion to these subjects, to secure the greatest possible advantages, to the
common family of American States. The difficulty and delicacy of
erecting such a ti'ibunal, with powers ade(|uate to these ends, yet so
constructed as to ensui-e the per])etual independence of the States, with
unimpaired authoi'ity over all other subjects, forcibly suggested itself to
300 STATUTES. AT LARGE
Virginia ^j^g saG:acitY of those who then controuled the destinies of America.
JtESOLUTIONS o •'
1829 They despaired of this vast achievement, by the efforts and under the
sanctions of individual man, and wisely determined to bring to its
accomplishment, the energies and sanctions of independent sover-
eignties.
Your committee will not impose on themselves the labor of compiling
an historical sketch of the transactions which induced the foundation of
the Federal Government. This history, it is presumed, is famiUar to all.
In conformity with arrangements previously understood, the distinct
and independent States of America assembled in General Convention at
Philadelphia, and in their sovereign, coi-porate characters, proceeded to
consider the nature of the Compact, which it might be deemed wise to
establish among themselves. All the proceedings which were then had,
were dispatched in their characters of sovereign States, and a Govern-
ment was instituted, not sustained by the sanction of a majority of
the people of America, but by the sanctions of the people of the
several States. The plan of Government then established, was con-
formable to suggestions heretofore made. Each of the sovereignties
then assembled, determined to cede to the Federal Government, certain
portions of its sovereignty, reserving the residue unimpaired. In the
cessions which were made, the Government was enabled to concentrate
the whole strength of the Union, for the assertion and vindication of our
national rights. It was invested with sufficient power to tranquilize
disturbances among the States; together with a general jurisdiction,
over such matters of general concern, as involved the common interests
of the States, but which covild not be wisely arranged, by the rival,
partial, and conflicting legislation of the particular States. The jurisdic-
tion over all other subjects was expressly reserved to the States respec-
tively. All subjects of a local nature, the internal police of the States,
the jurisdiction over the soil, the definition and punisbment of crime,
the regulation of labor, and all subjects M'hich could be advantageously
disposed by the authority of a particular State, were reserved to the
jurisdiction of the State Governments. The wisdom of this regulation
will not be questioned ; for, it surely must be sufficiently obvious, that to
subject our local or domestic affairs to any other authoiity than our own
Legislature, would be to expose to certain destruction the happiness and
pros]>eriLy of the people of Virginia. This piinciple was accordingly
established : — That all subjects of a general nature should be confided
to the Federal Government, whilst those which were local in their
character, were reserved for the jurisdiction of the States respec-
tively.
This distribution of political power having been established by the
Constitution, the happiness and prosperity of the American people de-
mand that it should be preserved. The theory of government as estab-
lished in America, contemplates the Federal and State Governments as
mutual checks on one another, constraining the various authoiities to re-
volve within their proper and constitutional spheres. Each Government
is invested with supreme authoi'ity, in the exercise of its legitimate func-
tions, whilst the authority of either is wholly void, when exerted over a
subject withheld from its jurisdiction. Should either depository of politi-
cal power, unhappily be disposed to disregard the Constitution, and de-
stroy the proportions of our beautiful theory, it devolves upon the other
to interpose, as well from a regard to its own safety, as for the perpetual
preservation of our political institutions. If there be a characteristic of
the Federative system, peculiarly entitled to our admiration, it is the se-
OF SOUTH CAROLINA. 301
curitv which is found for individual lihcjty in the separate energies of ^'R«'-^''*
^ .. I ■ z**! 11* 11 Iv K SOI* UT IONS.
distnicr (Toveninienls, unitnig and co-opeiating tor the public go<jd ; l)ut 1^29.
separating and coutlicting, when the object is evil. This inherent charac- -^^^r^^i,^
teristic of the Federative system, was contemplated with the most anx-
ious solicitufle by the founders of the Federal Republic. It was in it,
that they found the general interests of America preserved from the clash
of particular legislation ; it was by it, that they fortified our domestic
concerns from the invasions and infractions of Federal authority. It was
by it, that their fears wei-e calmed and subdued, on the great question
of adoption or rejection, when the very being of the Federal Constitu-
tion depended on the determination of the several States. The history
of that eventful period discloses the apprehensions of illustrious sages,
lest the sacred liberty of the American citizen should bo invaded by the
arbitrary acts of the General Government ; and that these apprehensions
could only be allayed by the assurance and conviction, that the State Go-
vernments were adequate to the resistance of Federal encroachments.
The Legislatures, then, of the several States, are contemplated by the
theory of American Government, as the guardians of our political insti-
tutions ; and whenever their proportions are destroyed or violated, it be-
comes the duty of the several Legislatures calmly and temperately to at-
tempt their restoration.
The reflections in which your committee have indulged, constrain them
to express their unfeigned regret that the Government of the United
States, by extending its influence to Domestic Manufactures, has drawm
within its authority a subject over which it has no controul, according to
the terms of the Federal Compact ; and that this influence has been ex-
erted after a manner alike dangerous to the sovereignty of the States,
and injurious to the rights of all other classes of American citizens.
Acting under the influence of these reflections, your committee have
contemplated with the dee])est interest the situation of the General Assem-
bly, and the duties which devolve upon that body. They cannot suppress
their solemn conviction, that the principles of the Constitution have been
disregarded, and the just proportions of our political system disturbed and
violated by the General Government. The inviolable preservation of our
political institutions, is entrusted to the General Assembly of Virginia, in
common with the Legislatures of the several States; and the sacred du-
ty devolves upon them, of preserving these institutions unimpaired. Yet
an anxious care for the harmony of the States, and an earnest solicitude
for the tranquility of the TJnion, have determined your committee to re-
commend to the General Assembly, to make another solemn appeal to
those with whom we unhappily diflcr ; and that the feelings of Virginia
may be again distinctly announced, they recommend the adoption of the
following I'esolutions.
1. Resolved, as the opinion of this Committee, That the Constitution of
the L^nited States, being a Federative Compact between sovereign States,
in construing which no common arbiter is known, each State has the right
to construe the Compact for itself.
2. Resolved, That in giving such construction, in the opinion of this
committee, each State should be guided, as Virginia has ever been, by a
sense of forbearance and respect for the opinion of the other States, and
by community of attachment to the L'nion, so far as the same may be
consistent with self-preservation, and a determined purpose to preserve
the purity of our Republican Institutions.
302 STATUTES AT LARGE
ReIoS^ui'Tons '^: ^^'''^^^'^^^' That this General Assembly of Vircrinia, actuated by the
1829. desire of guarding the Constitution from all violation, anxious to preserve
and ])erpetuate the Union, and to execute with fidelity the trust reposed
in it by the people, as one of the high contracting parties, feels itself
bound to declare, and it hereby most solemnly declares, its deliberate
conviction, that the Acts of Congress, usually denominated the Tariff'
Laws, passed avowedly for the protection of Domestic Manufactures, are
not authorised by the plain construction, true intent and meaning of the
Constitution.
• 4. Resolved, also, That the said Acts are ]mrtial in their operation, im-
politic and oppressive to a large portion of the people of the Union, and
ought to be repealed.
5. Resolved, That the Governor of this Commonwealth be requested to
communicate the foi-egoing preamble and resolutions to the Executive of
the several States of the United States, with the request that the same be
laid before their respective Legislatures.
6. Resolved, That the Governor be furtlier requested, to transmit co-
pies of the same report and resolutions to the Senators and Representa-
tives of Virginia in the Congress of the United States, with a request to
the Representatives, and instruction to the Senators, that the same be laid
by them before their respective Houses.
Agreed to by the House of Delegates.
GEORGE W. MUNFORD, c. h. d.
Fehruanj 2lst, 1829.
Agreed to by the Senate.
ADDISON HANSFORD, c. s.
Fehrvary 2Wi, 1S29.
OF SOUTH CAIKJJ.IXA. 303
RESOLUTIONS ON THE CONSTITUTION OF THK U. STATES
AND THl^: POWERS OF THE GENERAL GOVERNMENT.
(See Vampklet Laios, lieports and llesolutions of 1830 j^- '^^-J
In the Senate, December If,, 1830.
Resolved, Tliat tlio Legislature of the State of South Caioliiia doth
unequivocally express a lirm resolution to maintain and defend the Con-
stitution of the United States, and the Constitution of this State, against
every aggression, either foreign or domestic, and that they will support
the government of the LTnited States in all the measures warranted by the
former.
Resolved, That this Legislature most solemnly declares a warm attach-
ment to the Union of these States, to maintain which it pledges all its
powers; and that for this end, it is their duty to watch over and oppose
every infraction of those principles which constitute the only basis of
that Union, because a faithful observance of them can alone secure its
existence, and the public happiness.
Resolved, That this Legislaltxre doth explicitly and peremptorily de-
clare, that it views the powers of the Federal Government, as resulting
from the compact to which the States are parties, as limited by the plain
sense and intention of the instrument constituting that compact ; and in
case of a deliberate and palpable and dangerous exercise of other powers
not granted by the said compact, the States, who are parties thereto, have
the right, and are in duty bound, to interjiose for arresting the progi-ess of
the evil, and for maintaining within their respective limits, the authori
ties, rights and liberties, appertaining to them.
Resolved, That the several States comprising the United States, are not
united upon the principle of unlimited submission to their General Go-
vernment ; but by compact, under the style and title of the Constitution of
the United States, and of amendments thereto, they constituted a govern-
ment for special purposes ; delegated to that government certain definite
powers, reserving, each State to itself, the residuary mass of right to
their own self-government; and that whensoever the General Government
assumes undelegated powers, its acts are unauthorized, void, and of no
force. That to this compact each State acceded as a State, and as an in-
tegral party. That the government created by this compact was not made
the exclusive or final judge of the extent of the powers delegated to
itself; since that would have made its discretion, and not the Constitution,
the measure of its powers : but that, as in all other cases of compact be-
tween parties, having no common judge, each party has an equal right to
judge for itself, as well of infractions as of the mode ai:id measure of
redress.
Resolved, That this Legislatuie doth also express its deep regret that
a spirit has, in sundry instances, been manifested by the Federal Govern-
304 STATUTES AT LARGE
Legislative ment, to enlarge its powers, by forced constructions of the constitutional
1830. " ' charter which defines them, and that indications have appeared of a de-
sign to expand certain general phrases (which having been copied from
the very limited grant of powers in the former articles of confederation,
were the less liable to be misconstrued) so as to destroy the meaning and
effect of the particular enumeration which necessarily explains and limits
the general phrases, and to pervert certain specified grants of power
from their true and obvious meaning, to purposes never contemplated by
the authors of the Constitution or the States when they adopted it ; and
so to consolidate the Stales, by degrees, into one sovereignty ; the obvious
tendency and inevitable result of which, would be to transform the pre-
sent republican system of the United States into an absolute government
without any limitation of 230wer.
Resolved, That the several acts of the Congress of the United States,
now of force, imposing duties upon imports, for the protection of do-
mestic manufactures, have been and are, deliberate and highly dangerous
and oppressive violations of the constitutional compact, and that whenever
any State, which is suffering under this oppression, shall lose all reason-
able hope of redress from the wisdom and justice of the Federal Govern-
ment, it will be its right and duty to interpose, in its sovereign capaci-
ty, for the purpose of arresting the progress of the evil occasioned by
the said unconstitutional acts.
Resolved, That the Senate do agree to the resolutions. Ordered, That
they be sent to the House of Representatives for concurrence.
By order of the Senate,
JACOB WARLEY, c. s.
In the House of Representatives, December 17, 1830.
Resolved, That the House do concur in the resolutions. Ordered, That
they be returned.
By order of the House,
R. ANDERSON, c. u. r.
OF SOUTH CAROLINA, 305
REPORT OF THE COMMITTEE ON FEDERAL RELATIONS,
CONCERNING A. LETTER FROM GENERAL JACKSON, PRESIDENT OF THE
UNITED STATES.
14th December, 183L
(See Pamplilet Latcs, Rejwrts and Resolution.^ of 1S31, ^;. 51.)
House of Representatives, December 14, 1831.
The Committee on Federal Relations, to lohom teas referred that jjortiort of
the Governor's Message relating to a letter from the President of the
United States, of the date of June Mtli 1831, in answer to a letter from the
"■ Uniofi and States Rights Parti/" of Charleston, dated 5th June 1831,
inviting him. to visit that city and unite with, them in celebrating the anni-
-versary of American Independence — heg leave to
REPORT,
That in the examination of the matter refeiTed to them, they have
endeavored as far as possible to subdue all feelings which might disturb
their investigation, or throw suspicion upon their conclusions. Suppres-
sing all emotions of State pride, and the natural indignation which a
menace of violence and punishment excites, they have been disposed to
regard the President's letter as involving impoitant questions of constitu-
tional law, and the bearing which such principles, and such an avowal
of them, has upon the permanence and freedom of tliis confederacy.
. A preliminary question, without the decision of which it would be
inconsistent with the dignity and self respect of the Legislature to pro-
ceed, is, in what capacity or character has General Jackson denounced
the existence of a plan of disorganization in South Carolina. With his
private opinicms and sympathies the Legislature would not concern
itself. Whatever exclusively appertains to the individual, must be left
to individual censure or approbation — but whatever the officer determines
on, and sends forth to the world, as his determination, becomes at once
a nuitter of consequence — and justifies, or, as in the present instance,
demands the animadversion of this State. That General Jackson spoke,
and intended to be understood, as speaking in his official character as
President of the United States, is appai'ent from his language. His
" high and sacred duties" can be none other but official duties, to the
official perfoimance of which he emphatically pledges himself. It was
doubtless understood and intended that this solemn declaration should be
laid before the public, and be received as a warning of the course the
VOL. L— 39.
306 STATUTES AT LARGE
Report President has marked out for himself. Whether the occasion was a fit
Resolutions *^"^ ^^^ denunciation of his fellow-citizeus, or the official avowal of his
1831. couj'se of action upon what all must admit to be the highest and most
responsible of his functions, was of course a matter for his own conside-
ration, and can afford no light in determining the character of the act.
The committee, therefore, cannot but regard it as the annunciation to the
world by the President of the United States, that there is a plan of dis-
orfjanization existinsr in South Carolina, aofainst which, as chief executive
of the United States, he has resolved to present an unsurmountable
barriei'.
If there be a plan of disorganization within the State of South Caro-
lina, known to the President of the United States, it would seem to be
within the scope of his high and sacred duties, to inform the constituted
authorities of this State, of its nature and extent, and lay before them the
testimony to convict the disorganizers. It is not less the high and sacred
duty of the constituted authorities of the State, than of the President of the
United States, to interpose an " insurmountable ban'ier," against what-
ever endangers the existence of the government. Nor is it to be
presumed that any department of this government, either legislative,
judicial or executive, would be less sensible to the influence of those
duties, than the corresponding department of the General Government.
But if the President alludes, as the committee do not doubt he does,
either to the public avowal and discussion of certain constitutional j^rin-
ciples, or to the proposed action of this government upon them, it becomes
a serious question, whether this interference of the President does not lead
more directly to disorganization than the plan which he denounces.
The Constitution of the United States guarantees to the citizen,
freedom of speech and of the press. Whatever opinions he may choose
to entertain he may dai'e to express. Error of opinion, said Mr. Jefferson,
may be tolerated, when reason is left free to combat it.
When one of the earlier Presidents supposed that he had detected a
plan of disorganization in the unrestrained freedom of speech and the
press — he procured from a subservient Congress a law to assist him in the
exercise of his high and sacred duties — but both he and the law were
swept away by the indignation of the country. Those who have once
experienced the benefits of free discussion will never consent to forego
them. It is the tenure by which free principles are held, and is dangerous
only to tyrants. Under a form of government certainly not so free as
our own, upon a recent occasion, an attempt of the executive to check
the freedom of discussion, hurled him from his throne and brought his
advisers and agents, as culprits to a public trial. The citizens of this
country will not consent to be driven from this high privilege by threats
or force. Even if their purpose be to effect a change or abolition of the
government, by means of public opinion, they may safely do so under
the fundamental maxim, that it is the right of the people to alter or
abolish a government when it is destructive of the ends for which it is
created, and no high and sacred duties of any public functionary can
rightfully intei-pose.
No written form of government can be devised which may not be liable
to various constructions ; no free government can exist without party
differences. Hitherto the wise and patriotic men who have administered
the general government, have been careful — as well from a sense of
official dignity as from the more important consideration of the dangerous
weight of official authority — not to mingle in the party contests of the
citizens. It is not only calculated to excite regret, but other feelings.
OF SOUTH CAROLINA. 307
which tlie committee will not trust itself to express, that the State of Report
South Carolina has been selected for the first instance of this unau- j^j.^^, |j,p,Qj,g_
thorized intrusion ; as the first example of an attempt to close i)olitical 1831.
discussion by tiie terror of executive power ; or to thi'ow into the scale
of party the weight of the executive sword. While as a member of this
confederacy, and anxious for the dignity of its chief executive, the State
of South Caiolina cannot but regret every occurrence which may de-
grade that dignity ; yet her feelings are of a sterner and deeper charac-
ter ; when her citizens within her own jurisdiction, in the exercise of
unquestionable constitutional rights, are denounced as disorganizers, and
threatened with military interference. Whatever emotions, however,
there may be, they are not those of terror ; ours is a government of law
and not of force — of opinion, not of will. In the absolute sujiremacy of
the law, we know that a President or a private citizen is equally amena-
ble to its tribunal, and that a threat from either against the other, is of
equal validity.
If, however, the allusion of the Pi'osident be not to tlie public discus-
sion of opinions differing from his own, then it must be to a proposed
course of legislative action, which he denounces as a plan of disorganiza-
tion. In this view of the Presidents letter, the legislature has to con-
sider, not an invasion of the rights of the citizens merely, but an attempt
to fetter its own freedom of action.
The committee finds it difhcult to find language at once suitable to the
occasion and the dignity of this House.
Is this legislature to be schooled and rated by the President of the
United Slates?
Is it to legislate under the swoi'd of the Commander-in-Chief?
Is the will of one man to be substituted for deliberation — and the
enactments of this body to be fashioned by an edict from a President,
not only avowing a right to annul a law when passed, but practically
assuming the right to interpose while it is yet under discussion ? The
executive of a most limited government ; the agent of an agency, but a
part of a creature of the states, undeitakes to prescribe a line of
conduct to a free and sovereign State, under a denunciation of pains and
penalties. It cannot but be esteemed a signal instance of forbearance,
calmly to enquire into this assumed power of the President over the
States. Under no part of the Constitution, or penal law of Congress,
known to the Committee, is the crime of disorganization recognized or
made punishable. It is to be lamented, that in denouncing a crime and
threatening punishment, the President had not used terms of more definite
import.
If by the vague generality of the word disorganization, be intended, as
the context may perhaps indicate, that a plan of disunion existed in this
State, it will be equally difficult to fix upon any constitutional or legal
authority, or any thing in the nature of our institutions, which imposes
any duty or grants any power to the President to ])revent it. This is a
confederacy of sovei'eign States, and each may withdraw from the con-
federacy whenever it chooses ; such proceedings would neither be treason
nor insurrection nor a violation of any portion of the Constitution. It is
a right which is inherent in a sovereign State, and has not been delega-
ted by the States of this Union. Whether assuming such an attitude
might be cause of war on the part of the general government, may be
questioned, but there can be no question that the President could not
declare war. But the Committee deem it unnecessary to discuss a mere
hypothetical question, the possible occurrence of which, if the President
308 STATUTES AT LARGE
Report has contemplated it, is the result of his entire ignorance of the feelings
Resolutions, an'l PU^-poses of this State , , .
1831. No one denies that it is his right and duty to see that the laws of the
United States are faithfully executed, and no portion of the Union will
be more prompt to recognize the right, or to sustain and assist him in
the duty, than the State of South Carolina — but at the same time, if in
the deliberate judgment of the State, acting in her sovereign capacity,
any enactment in Congress is decided to be in violation of the constitu-
tion, and therefore not law — that judgment is paramount; and if the
executive, or all the combined departments of the General Government,
endeavour to in force such enactment, it is by the law of tyrants, the
exertion of brute force. If such a case should occur, which we pray a
wise providence to avert, the State will throw herself on the protection
of that providence, and if her destiny be slavery, she will not be mocked
by the forms of a free government.
Pusolved, That the letter of the President of the United States, to
sundry citizens of this State, is an unauthorized interference in the
affairs of this State; that the principles advanced in it are incompatible
with the constitution, and subversive of the rights of the State — that the
threatened course of executive conduct would, if acted upon, destroy
the liberties of this country, and as a threat, is of dangerous precedent,
highly repulsive to the feelings of a free people.
Resolved, That whilst we condemn the conduct of the President of
the United States, Avhen he is in error, we are willing to approve it,
when, in our opinion, he is right ; and that we regard with high gratifi-
cation the sentiment expressed in his late message, that the Tariff
ought to be reduced to the wants of the Government, and recognize in it the
just response to the solemn resolutions of this Legislature.
Re.solrcd, That the House do agree to the report. Ordered that it be
sent to the senate for concurrence.
By order of tlie House, R. ANDERSON, C. H. R.
In the Senate, December 17, 18.31.
Resolved, That the Senate do concur. Ordered to be returned to the
House.
By order of the Senate, JACOB WARLEY, C. S,
OF SOTTTH CAROLINA. 309
DOCUMENTS RELATING TO THE CONVENTION.
Fir.sT Session, which began Nov^emrer 19, 1832.
AN ACT TO PROVIDE FOR THE CALLING OF A CONVENTION OF THE PEOPLE
OF THIS STATE.
Whereas, the Congress of the United States hath, on divers occasions,
enacted laws laying duties and impos-ts, for the purpose of encouraging
and protecting domestic or American manufactures, and for other unwar-
rantable purposes; which laws, in the o])inif)n of the good people of this
State, atul the Legislature thereof, are unauthorized by the Constitution
of the United States, and are an infringement of the rights reserved to
the States respectively, and operate to the grievous injury and oppression
of the citizens of South Carolina : And lohereas, to the State, assembled
in Convention, it belongs to detei'mine the character of such acts, as well
as the nature and extent of the evil, and the mode and measure of redress.
Section 1. Be it therefore enacted hy the Senate and House of Repre-
sentatives of the State of South Carolina, now met and sitting in Gc]ieral
Assemhly, and it is hereby enacted hy the authority of the same. That a
Convention of the People of the said. State shall be assembled at Colum-
bia, on the third Monday in November next, then and there to take into
consideration the several acts of the Congress of the United States, im-
posing duties on foreign imports, for the protection of Domestic Manu-
factures, or for other unauthorized objects ; to determine on the character
thereof, and to devise the means of redress ; and further, in like manner
to take into consideration such acts of the said Congress, laying duties
on imports, as may be passed in amendment of, or substitution for, the act
or acts aforesaid ; and also, all other laws and acts of the government of
the United States, which shall be passed or done for the purpose of more
effectually executing and enforcing the same.
Sec. 2. And he it further enacted hy the authority aforesaid, That on
the second Monday in Nqvember next, and on the day following, the
managers of elections for the several districts in this State, shall, after
giving public notice, as in the cases of elections for members of the Le-
gislature, open the polls and hold elections in their repective districts,
for Delegates to the said Convention, in all respects in the same manner
and form, and at the same places, as elections ai'e now conducted for
members of the Legislature : And all persons who are qualified and en-
titled, by the Constitution and laws of this State, to vote for members of
the Legislature, shall be qualified and entitled to vole for said Delegates
to said Convention ; and in case of any vacancy occurring by death, re-
310 STATUTES AT LARGE
DocuM™ »^.?"at\o"' J-cmoval from the State, or refusal to qualify, of any person
1832. elected a Delegate to tiie said Convention, the presiding officer of the
said Convention shall issue his writ authorizing and requiring the mana-
gers of elections, in the election districts in which such vacancy may
ha))pen, after giving due notice thereof, to open a poll and hold an
election to fill such vacancy, as in cases for the election of members of
the Legislature.
Sec. 3. And he it f/trfJicr enacted ly the authority aforesaid, That each
election distiict throughout the State, shall be entitled\o elect and send to
the said Convention a number of Delegates equal to the whole number of
Senators and Representatives which such district is now entitled to send
to the Legislature ; and tlie Delegates to the said Convention shall be en-
titled to the same freedom from arrest in going to, returning from, and
whilst in attendance on said Convention, as is extended to the members
of the Legislature.
Sec. 4. And he it further enacted hy the authority aforesaid, That all
free white male citizens of this State, of the age of twenty-one years
and upwards, shall be eligible to a seat in said Convention.
Sec. 5.- And be it farther enacted hy the authority aforesaid, That the
said Convention may be continued by adjournments, fi-om time to time,
so long as may be necessary for the purposes afoiesaid : Provided, how-
ever,^ that unless sooner dissolved by their own authority, the said Con-
vention shall cease and determine in twelve months from the day on
which the delegates to the same were elected.
In the Senate House, the twenty-sixth day of October, in the year of our
Lord one thousand eight hund,red and tkirty-two, and the ffty-seventh
year of the Independe7ice of the United States of America.
H. DEAS, President of the Senate.
H. L. PINCKNEY, Speaher of the House of Represeruanves.
NOTE.
This measure originated in the Senate, where a committee was appointed on the subject.
That Committee reported the 3d of December, 1830, by Mr. Seabrook, their Chairman, by
Bill, wherein, after providing for the caUing of a Convention, the two following, (being the 2
last) clauses are inserted, viz :
And be it further enacted. That the said Convention when assembled, shall take into
consideration such acts and laws of the Government of the United States as this Legislature
hath from time to time declared and pronounced to be unauthorized by the Constitution of the
United States ; and against which it hath protested as an infringement of rights which by the
said Constitution are reserved to the States and can be legitimately exercised by them only :
and such otheracts and laws of the General Government, as the said Convention may declare
unconstitutional in their enactments, and dangerous in their tendency. And that the said Con-
vention shall adopt such mode and measure of redress for the evils arising from the unconstitu-
tional legislation of Congress, as it may deem necessary and proper to protect the rights of the
State of South Carolina, to preserve the federal constitution, and cement the Union of the
States.
And be it further enacted, That the Delegates elected to the said Convention, before
they take their seats, in addition to the oath required to be taken by members of the Legisla-
ture, shall take the following oath ; " I swear, (or affirm) that I will not in the discharge of my
duty as a member of this Convention, take into consideration any other matters, or engage ia
the discussion of any other propositions, than such as relate to the unconstitutional legislation
of the Congress of the United States : and that I will not concur in the adoption of any other
measures than such as may be intended to provide a remedy for the evils aiising therefrom."
OF SOUTH CAROLINA. 311
This measure did not originate exclusively in the Senate, but was tai^en up as an original Convkntion
measure also, in the House of Representatives. 'I'he Hill finally passed, did not and does not documents.
contain any such n-strii-tion as is proposed in the last clause of Mr. Soabrook's Bill. The Le-
gislature sanctioned uo positive restric:ion on the powers of the Convention. Still the i|ucstion
was made while the (Convention sat, whether that body was empowered to lake up any other
subject, or pass upon any other measure, than what had been specifically and expressly sub-
mitted to them by the F.egislature. On the one hand it was urged, that as the Convention met
under the authority of the legislative call alone, the objects that the Legislature had in view,
and which alone gave rise to the call of the Legislature, were the only subjects the Convention
could properly discuss : that an unbounded license of Conventional legislation, was inoonven-
ienl and dangerous ; it might produce utter confusion in the Stale, and amount in fact to heed-
less and uncalled-for revolution in the Government, which the people neither expected or were
prepared for : that no member of the Legislature would deliberately sanction the meeting of a
Convention, if this were to bo the result of it ; nor would the meeting of a Convention be sanc-
tioned by the voice of the people if such were to be the unexpected effect. On the other
hand, it was replied that these were very proper arguments to be submitted to the wisdom and
discretion of the Convention, and would doubtless have sufficient weight to repress all vague and
needless legislation in that body ; that the Convention was in fact the people, acting by a wise
and cautious representation, fully aware of their own responsibility, and the extent of Uicir
own powers ; nor was there any good reason why a Convention of the people could not be as
safely trusted as a legislative body ; or why the people should be deemed incapable of the full
management of their own business unless checked and reined in by legislative limitation and
controul; that the attempt was in direct hostility to the acknowledged principles of rejjublioan
government, by which the Convention was regarded as the authority paramount, and the Le-
gislature itself a derivative authority only, an emanation from, and the creature of a Conven-
tion. Such a claim set up by the Legislature, was the claim of authority by an Overseer, to
direct the owner of the Plantation who paid and employed him, how, and when, and to what
extent that owner might manage his own business ; that the business about which the Conven-
tion would meet, was of too much moment to admit of any reasonable apprehension that the
time of the Convention would be wasted on minor matters.
In fact, the Legislature had before them two Bills for the call of a Convention ; one from the
Senate, specific and exclusive ; the other, originating in the House of Representatives, spe-
cific as to the objects that required consideration, but not exclusive — they adopted the latter.
The inference was plain, that the Legislature was averse to exercising any controul over the
Convention.
The subject, however, can hardly be said to be at rest, and therefore the Editor has subjoined
this brief view oi the question. Edit.
312 STATUTES AT LARGE
REPORT OF THE COMMITTEE,
To WHOM WAS Referred the Act to Provide for the calling of a
Convention of the People of this State, &c.
fSee Journal of the Convention, p. 27. J
The Committee to tvliom teas referred " the Act to provide for the calling of
a Convention of the People of this State," with instructions " to consider
and report thereon, and especially as to the measures propter to he adopted
hy the Gojivention, in reference to the violations of the Constitution of the
United States, in the enactment hy Congress, on divers occasions, of laws
laying duties and imposts, for the purpose of encouraging and pi-otecting
domestic manufactures, and for other unwarrantable purposes^'' heg leave
respectfully to submit the following
REPORT.
The Committee, deeply impressed with the importance of the questions
submitted to them, and the weight of responsibility involved in their de-
cision, have given to the subject their most deliberate and anxious con-
sideration. In stating the conclusions to which they have arrived, they
feel that it is due to themselves, to this convention, and to the public at
large, briefly to review the history of the Protecting System in this coun-
try, to show its origin, to trace its progress, to examine its character,
to point out its evils, and to suggest the appropriate remedy. They propose
to execute this task with all possible brevity and simplicity, sensible that
the subject is too well understood in all its bearings, to lequire at this
time a very elaborate investigation.
In the natural course of human affairs, the period would have been
very remote when the people of the United States would have engaged
in manufactures, but for the restrictions upon our commerce which grew
out of the war between Great Britain and France, and which led to the
non-intercourse act, the embargo, and finally our own war of 1812. Cut
off by these events, from a free commercial intercourse with the rest of
the world, the people of the United States turned their attention to man-
ufactures, and on the restoration of peace in 1815, an amount of capital
had been already invested in these establishments, which made a strong
appeal to the liberality — we might almost say, to the justice of the coun-
OF SOUTH CAROLINA. 3] 3
try, for protection ; at least against that sudden infiux o( foreign goods, ^'"nvkntion
wlii(-li, it \v;is feared, would entirely ovei-whelnn these domestic establish- "''jfm.^ '^'''
meiits. Wlieii, therefore, in 18 IG, it became nccessaiy that the -^^.^/-^^
RcNXMiue should be l)rou<,dit down to the j)eace establishment, by a reduc-
tion of the duties upon in'iports, it was almost by commcjn consent conce-
ded to the chiims of the manufacturers, that this reduction should be
gradual ; and three years were accordingly allowed for biinging down
the duties to the pcnnancnt levenue standard, which (embracing all the
ordinary expenses of the Government, with liberal appropriations for the
Navy and the Army, an extensive system of fortifications, and the gradu-
al extinction of the public debt, then amounting to 130,000, 000) was fixed
at ?0 per cent. If the manufacturers had at that tiiiie even hinted that
permanent protection was deemed indispensable to their success — if the
slightest suspicion had been entertained that instead of the gradual reduc-
tion expressly provided, for by the act of 1816, there would be claimed a
gradual increase of the protecting duties, and that instead of being brought
down in three years to 20 per cent, the duties were to be carried up to 50 or
100 per cent, and in many cases to prohibition, the pamful contest in
which the country lias been engaged for the last ten years on this sub-
ject, would have co^rimenced immediately , and it is confidently believed
that in the tem]ier of the public mind at that time, ample security would
have been found against the introduction of such a system. But in defi-
ance of the clear understanding of the whole country, and in violation of
the principles of justice and of good faith, that part of the act above men-
tioned which required that the duties should be reduced in three years to
20 per cent, was repealed, and a broad foundation thus laid for the perma-
nent establishment of the protecting system. This system has been still
further extended and fortified by the several successive acts of 1820, 1824,
and 1828, until, by the passing of the act of 1832, (to take effect after the
discharge of the public debt) it has become incorporated into our political
system as the "settled policy of the country." We have not deemed
it necessary, in tracing the origin and progress of this system, to go further
back than the commercial restrictions which preceded the late war: — for
whatever theoretical opinions may have been expi-essed by Alexander
Hamilton and others in relation to it, at an earlier period, it cannot be
denied that no duties were actually imposed beyond those deemed indis-
pensable for the public exigencies, and that prior to the year 1816, no
protection whatever was actually extended to manufactures, beyond what
was strictly incidental to a system for revenue. The discrimination be-
tween the pfotccfed and unprotected articles, now contended for as the cor-
ner stone of the protecting system, was so far from being established by
that act, that the highest duties were actually imposed im the very articles
now admitted duty free ; while the foreign maiuifactures which came into
competition with our domestic fabrics were subjected to a lower rate of
duty. The truth then unquestionably is, that the protecting policy, ac-
cording to the principles now contended for, was never introduced into
this country until the period we have mentioned, when it crept insidious-
ly into the legislation of Congress in the manner above mentioned. This
will be made abundantly manifest to every one who will take the pains to
trace the progress of the duties from 7 J per cent in 1790 — up to 25 per
cent in 1816 ; 40 per cent in 1824, and 50 — 60, and even 100 per cent in
1828 and 1832 ,- and who will merely examine the manner in which these
duties were adjusted in the various acts here referred to. As early as
1820, — so soon, indeed, as the capitalists who had relied upon the powers
of the Federal Government to enhance the profits of their investments
VOL. L— 40.
314 STATUTES AT LARGE
by legislation, began to look forward to its eventual establishment as
the settled policy of the country — they cleaily perceived that an exten-
sion of the appropriations to objects not embraced in the specific grants
of the Federal Constitution, was the necessary appendage of their
system. They well knew that the people would not long submit to the
levying of a large surplus revenue merely for the protection of manu-
factures carried on exclusively in- one quarter of the Union — and they
therefore sought in the extension of the appropriations to new objects,
for a plausible and popular excuse for the continuance of a system of
high duties. With that instinctive sagacity, which belongs to men who
convert the Legislature of a country, into an instrument for the promo-
tion of their own jirivatc ends, they clearly saw that the distribution of
an enormous surplus treasure, would afford the surest means of biinging
over the enemies of the American System to its supjjort, and of enlist-
ing in their cause, not only large masses of the ■i)eople, but entire States,
who had no direct interest in maintaming the protective system, or who
were even in some respects, its victims. No scheme that the wit of man
could possibly have devised, was better calculated for the accomplish-
ment of this object. It proposed simply to reconcile men to an unjust
system of national policy, by admitting them to a large share of the
spoils — in a word, to levy contributions, by the aid of those who were
to divide the plunder. If the United States had constituted one great
nation, with a consolidated Government, occupying a territory of
limited extent, inhabited by people engaged in similar pursuits, and
having homogenious interests, such a system would only have operated
as a tax upon all the other great interests of the State, for the benefit of
that which was favored by the laws ; and when time had been allowed
for the adjustment of society to this new condition of its affairs, the
final result must have been, an aggregate diminution of the profits of
the whole community, by diverting a portion of the people from their
accustomed employments to less profitable pursuits. In such a case, the
hope might perhaps have been indulged, that experience would demon-
strate the egregious folly of enacting laws, the only effect of which
would be, to supply the wants of the community at an increased expense
of labor and capital. But it is the distinguishing feature of the Ameri-
can System, and one which stamps upon it the character of peculiar
and aggravated oppression, that it is made applicable to a Confederacy
of twenty-four Sovereign and Independent States — occupying a territory
upwards of 2000 miles in extent — embracing every variety of soil, climate
and productions — inhabited by a people whose institutions and interests
are in many respects diametrically opposed to each other ; with habits
and pursuits infinitely diversified ; and, in the great Southern section of
the Union, rendered by local circumstances altogether incapable of
change. Under such circumstances, a system, which under a consolida-
ted Government would be mei'ely impolitic, and so far, an act of injus-
tice to the whole community, becomes, in this country, a scheme of the
most intolerable oppression ; because it may be, and has in fact been,
so adjusted as to operate exclusively to the benefit of a particular inter-
est, and of particular sections of country, rendering in effect the indus-
try of one portion of the Confederacy tributary to the rest. The laws
have accordingly been so framed as to give a direct pecuniary interest,
to a sectional majority, in maintaining a grand system by which taxes
are in effect imposed upon the few, for the benefit of the many, and
imposed, too, by a system of indii'ect taxation, so artfully contrived as
to escape the vigilance of the common eye, and masked under such
OF SOUTH CAROLINA. 315
■iiifcnioas devices as to make it extrenielv «lifficult to expose their true Convention
fhiiracLer. iluis, under the pretext oi im])osuig duties tor tlie payment
of tlie public debt, aiifl providing for the common defence and general
welfare, (powers expressly conferred on the Federal (xovernment
by the Constitution) acts are ])assed, containing provisions designed
fixclusively and avowedly for the purpose of securing to the American
Manufacturers a monopoly in our own markets, to the great and mani-
I'esL prejudice of those who furnish the agricultural productions which
are exchanged in foreign markets for the very articles which it is the
avowed object of these laws to exclude.
It so happens, that six of the Southern States, whose industry is al-
most exclusively agricultural, though endiracing a population equal to
only one third part of the whole ITnion, actually produce, for exporta-
tion, near 40,000,000 aniuially, being about two-thirds of the whole domes-
tic exports of the [Jnitcd States. As it is their interest, so it is, unques-
tionably, their right, to carry these fruits of their own honest industry,
to the best market, without any molestation, hindrance or lestraint what-
soever, and subject to no taxes or other charges, but such as may be ne-
cessary for the payment of the reasonable expenses of the Government.
But how does this system operate upon our industry 1 While imposts to
the amount of 10 or 12 per cent, (it arranged on just and equal princi-
ples) must be admitted to be fvdly adequate to all the legitimate purposes
of the Government, duties arc actually imposed (with a few inconsidera-
ble exceptions) upon all the Woollens, Cottons, Iron and Manufactures of
Iron, Sugar and Salt — and almost every other article received in ex-
change for the Cotton, Rice and Tobacco of the South, being an average
of about 50 per cent, whereby (in addition to the injurious effects of
this system in prohibiting some articles, and discouraging the introduc-
tion of others) a tax, equal to one half of the first cost, is imposed upon
the Cottons, Woollens and Iron, which are the fruits of Southern industry,
in order to secure an advantage in the liome market, to their rivals, the
iVmcrican Manufacturers of similar articles, equivalent to one half of their
value — thereby stimulating the industiy of the North, and discouraging
that of the South, by gi-anting bounties to the one and imposing taxes
upon the other. •
The committee deem it unnecessary to go into an elaborate examination
of the true character and sectional operation of the protecting system.
The subject has of late been so frequently and thoroughly examined, and
the bearing of the System been so completely exposed, that the argument
is exhausted. To the people of the Southern States, there cannot bo pre-
sented a more touching or irresistable appeal, either to their understandings
or their hearts, than is found in the melancholy memorials of ruin and de-
cay, which are every where visible around us ; memorials proclaiming
the fatal character of that System, which has brought upon one of the
finest portions of the globe, in the full vigor of its early manhood,
the poverty and desolation which belong only to the most sterile regions,
or to the old age and decrepitude of nations. The moral blight and
pestilence of unwise and partial legislation, has swept over our
fields, with " the besom of destruction." The proofs are every where
around us.
It is in vain for any one to contend that this is a just and equal system,
or that the Northern States pay a full pro])ortion of the tax. If this were
so, how is it to be accounted for, that high duties are regarded in that
quarter of the Union, not as a burden, but as a blessing ?
How comes it that a people, certainly not unmindful of their interests,
316 STATUTES AT LARGJE
CoNvEXTio.v are seen courting the imposition of taxes, and crying out against any ma-
1832. tei-ial reduction of the })ublic buz'dens ? Does not this extraordinary fact
afford conclusive evidence that high duties operate as a bounty to Nor-
thern industry ; and that whatever taxes the manufacturers may pay, as
consumers, they are more than remunerated by the advantages they en-
joy as producers 1 or, in other words, that they actually receive more than
they pay, and therefore cannqt be justly said to be taxed at all. When,
in addition to all this, we take into consideration that the amount of du-
ties annually levied for the protection of manufactures, beyond the ne-
cessary 'wants of the Government, (which cannot be estimated at less
than 10 or 12,000,000) is expended almost exclusively in the Northern
portion of the Union — can it excite any suiprise, that under the opera-
tion of the Protecting System, the manufacturing States should be con-
stantly increasing in riches and growing in stiength, with an inhospitable
climate and barren soil, while the Southern States, the natural garden of
America, should be rapidly falling into decay 1 It is contrary to the gene-
ral order of Providence, that any country should long hear up against a
system, by which enormous contributions raised in one quarter, are syste-
matically expended in another. If the sixteen millions of dollars now
annually levied in duties on the foreign goods received in exchange for
Southern productions, were allowed to remain in the pockets of the peo-
ple, or by some just and equal system of appropriation could be restored
to them, the condition of the plantation States would unquestionably be
one of unexampled prosperity and happiness. Such was our condition
under a system of free trade, and such would soon again be our enviable
lot. Of the resrdts which would thereby be produced, some faint con-
ception may be formed by imagining what would be the effect upon the
industry of the people of our own state, if the §i8,000,000 of foreign goods
now annually received in exchange for our productions, and paying duties
to the amount of upwards of $3,000,000, could be obtained by us, duty
free, or the duties thus levied were expended within ou]- own limits. Is
it not obvious that several millions per annum would thereby be added to
the available industry of South Carolina? the effect of which would as-
suredly be, to change the entire face of affairs in this state, by enhancing
the profits of the agriculturalist, accumulating capital, giving a fiesh impulse
to commerce, and producing a vivifying influence upon every department
of industry, the happy consequences of which would be experienced by
every inhabitant of the State. We present this strong view of the sub-
ject, to show the manifest justice of the claim which South Carolina now
sets up, to have this system of raising levenue by duties upon imports
restricted roitluH the narrowest limits, and to show how utterly impossible
it is for us to consent to have it extended beyond the indispensable wants
of the government, either for the purpose of affording protection to the
industry of others, or of distributing the proceeds among individuals or
States.
Grievous, however, as the oppi-ession unquestionably is, and calcvdated,
in the strong language of our own Legislature, " to reduce the Planta-
tion States to POVERTY and utter desolation," it is not in this aspect
that the question is presented in its most dangerous and alarming form.
It is not merely that Congress have resorted for unwarrantable purposes
to an oppressive exercise of powers granted to them by the Constitution ;
but that they have usurped a power not granted, and have justified that
usurpation on principles which, if sanctioned or submitted to, must en-
tirely change the character of the Government, reduce the Constitution
to a dead letter, and on the ruins of our confederated republic, erect a
OF 80UTII CAROLINA. ' 317
consolidaletl despotism, " without limitution ot" powers." If this he so,
there is no m;ui who is worthy oi" the precious heritage of lil)erty derived
from our ancestors, or who vahies tlie free institutions of his country,
who must not tremble for the cause of freedom, not only in this country,
but througliout the world, unless the most prompt and (Hhcient measures
are at once adopted, to arrest the downward course of our political af-
fairs, to stay the hand of oppression, to restore the ('onstitution to its on-
ginal i)rinciples, and thereby to j)erpetuato the Union.
It cannot be denied that the Government of llie United States
possesses no inherent powers. It was called into being by the .States.
The States not only created it, but conferred upon it all its powers, aud
jjrcscribed its limits, by a written chaiter called the Constitution of the
United States. Before the Federal Government had thus been called
into being, the several States unquestionably possessed as full sovereign-
ty, and were as independent of each other, as the most powerful nations
of the world ; and in the free and undisputed exercise of that sovereign-
ty, they entered into a solemn compact with each other, by which it was
provided, that foi' certain specified objects, a General Government should
be established with strictly limited powers ; the several States retaining
their sovereignty unimpaiied, and continuing to exercise all powers
not expressly granted to the Fedei'al Government.
In the clear and emphatic language of Mr. Jefferson, " the several
States composing the United States of America, are not united on the
principle of unlimited submission to the General Government, but by a
compact, under tlie style and title of the Constitution of the United
States, they constituted a General Government for special purposes, dele-
gated to that Government certain definite powers, reserving each State
to itself the residuary mass of right to their own self-government ; and
whensoever the General Government assumes undelegated powers, its
acts are unauthoritative, void, and of no force."* That such is the true
nature of the federal compact, cannot admit of a reasonable doubt, and
it follows of necessity, that the Federal Government is merely a joint
agency, created by the States — that it can exert no powder not expiessly
granted by them, and that when it claims any powei', it must be able to
refer to the clause in the charter which confers it. This view of the
Constitution of the United States, brings the question of the constitution-
ality of the Tariff within the narrowest limits.
The regulation of dnincstic huhistrij, so far as Government may right-
fully interfere therewith, belonged to the several States before the Con-
stitution was adopted, or the Union sprang into existence ; and it still re-
mains exclusively w^ith them, unless it has been expressly granted to the
Federal Government. If such a grant has been made, it is incumbent
on those claiming under it, to point out the pi'ovision in the Constitution
which embraces it. It must be admitted that there is not a clause or
article in that instrument, which has the slightest allusion, either to manu-
factures or to agriculture : while, therefore, the " regulation of commerce"
is expressly conferred on the General Government, the regulation of
every branch of domestic industry is reserved to the several States, ex-
clusively, Avho may affl)rd them encouragement, by pecuniary bounties,
and by all other means not inconsistent with the Constitution of the
United States. To say that the power to regulate commerce, embraces
the regulation of agriculture and maiuifactures, and all the other pursuits
* See Kentucky Resolutions of 1798.
31S STATUTES AT LARGE
CoNVKNTiox of intlusfi'v, (for tliev all stand upon the same footing-,) is to confound the
Documents. , • ^ t"^ .■ ^- " i ^ i • t ^ r ^ . '=' ' . , .
1832. ])Jaiuest distinctions, and to lose siglit oi the true meaning and intent of
the grant in question. Commerce is, in general, regulated by treaties
with foreign nations ; and, therefore, it was deemed necessary that this
power should be confided to the General Government ; but agriculture,
manufactures, and the mechanic arts, can only be wisely ordered by mu-
nicipal regulation. Commerce is one object of legislation, manufactures
another, agriculture a third ; and if the regulation of CQmmerce implies
an unlimited controul over every thing which constitutes the object of
commerce, it would follow, as a matter of course, that the Federal Go-
vernment may exert a supreme dominion over the whole labor and capi-
tal of the country. This would transform pur confederated Government
with strictly limited powers, into an absolute despotism, and of the worst
sort, wliere, under the forms of a free Government, we should have the
spirit of a despotic one. This view of the subject we should deem per-
fectly conclusive, even if it could not be shown that the power in ques-
tion, so far from being gi-anted, was purj)osely withheld from the Federal
Government, by the framers of the Constitution ; and that there are pro-
visions of the Constitution, from which it may be fairly inferi-ed, that it
was intended to be reserved to the States respectively. It appears from
the history of the proceedings of the Convention which framed the Con-
stitution, that the subject of the protection of mamifaclvrts, was several
times brought distinctly to the view of that body, and that they did not
see fit to grant to the Federal Government the power in question. In
the original proposition to confer on Congress the power to impose
" duties, imposts and excises," was embraced " prokihitiatis a.\\({ restraints,'"
which may well be supposed to be intended to embrace the protection
of manufactures; but it is remarkable, that these words were omitted in
the Rejiort of the Committee, on that clause. On the 18th of August a
motion was made, " to establish reward and immunities, for the promo-
tion of agriculture, commerce, trades and viamifactKres ,•" but this propo-
sition also failed. On a subsequent day, it was moved that there should
be a " Secretary of Domestic Affairs, &c. whose duty it should be to at-
tend to matters of general police, the state of agriadtKre and mcmtifar-
ture.s, the opening of roads and navigation, and facilitating of intercourse
through the United States ; and that he shall, from time to time, recom-
mend such measures and establishments as may tend to promote these
objects." This proposition likewise failed, the Constitution containing no
provision in conformity therewith.
Now, {IS it is utterly impossible that these several propositions, embra-
cing imposts, duties, prohibitions and restraints, and the encouragement
of manufactures, could have been disposed of without bringing the whole
question of domestic manufactures fully into view — it must follow, that,
as no ])ower was given to Congress over manvfcictMres, while the power
to regulate commerce is expressly conferred, it was not the iotention of
the framers of the Constitution to entrust this power to Congress. Al-
though repeatedy urged to confer such a power, they constantly refused it ;
and the Constitution, as finally ratified, contains no provision, whatevei%
upon the subject. In the Report of Luther Martin, a delegate from Ma-
ryland, made to the Legislature of his State, an explanation is given of
the proceedings of the Convention, in relation to this matter, which re-
moves evei-y shadow of doubt with regard to the true meaning and intent
of the framei's of the Constitution, in relation to the protection of manu-
factures. It appears from this statement, that, as the encouragement of
manufactures had been refused to be conferred upon the Federal Go-
OF SOUTH CAROLINA. 319
vernment, it was the dosin; of Mr. Mailin and others, to reserve to the Convention
states all the means which they supposed to he iiecessaiy for affording iQ-^-i
effectual encouragement to manufactures within their own limits. Among
those it was i)iesumed " that there might he cases in which it would be
proper, for the purpose of encouraging manufactures, to lay duties to
prohibit the exjiortalion of raw materials, and even in addition to the du-
ties laid by Congress on imports Jo r the naJce of revenue, to lay a <lufy to
DISCOIIKAOE TIIK IMPORTATION OF PARTICULAR ARTICLKS iuto il State, Or to
enable the maiuifacturer here to supply us on as good terms as could be
obtained from a foreign market."* Here it will be seen that it is posi-
tively stated by ]Mr. Martin that the power given to Congress, to hrqjosc
duties upon imports, was given expressly "for the sake oj'i-ecerivc," and Avas
not considered as extending to any duty " to dlscourfisje the impoitaticm
of particular articles, for the purpose of encouraging manufactures," and
that it was considered that unless the sevei'al states should possess this
power as well as that of prohibiting the exportation of certain raw mate-
rials, they would not be enabled to extend that com])lete protection to
•their own manufactures which might be deemed indispensable to their
success. " The most, however," says Mr. Martin, " -which we could ob-
tain was, that this power might be exercised by the states, by and with
the consent of Congress, and subject to its controul." Thus, then, it mani-
festly appears, that in relation to manufactures, the framers of the Consti-
tution positively refused to confer upon the Federal Government any
power whatevei- — that the power to lay duties, &c. was conferred for the
sake of revenue alone, and was not intended to embi'ace the power to
lay duties " to discourage the importation of particular articles to enable
the manufacturers here to supply us on as good terms as could be obtain-
ed from a foreign market ;" and finally, that the whole subject was left
in the hands of the several states, with the restriction, "that no State
shall, without the consent of Congress, lay any imposts or duties on im-
ports or exports, except what may be absolutely necessai'y for executing
their inspection laws." This power, it appears, was expressly inserted
for the purpose of enabling the states to protect their own manufactures,
and. this, it seems, was the only provision which the friends of domestic
industry could obtain. It is vain to alledge that the powers retained by
the states on this subject, are inadequate to the efiectual accomplishment
of the object. Tf this were so it would only show the necessity of some
further provision on this subject — but surely it will not be pretended that
it Avould justify the usurpation by Congress, of a power not only not
granted by the Constitution, but purposely withheld.
We think, however, that this exposition of the Constitution places the
pi'otection of mamifactures on the true foundation on which it should
stand in such a Government as ours. Nothing can be more monstrous
than that the industry of one or more States in this confederacy, should
be made jirohtable at the ex]iense of others ; and this must be the inevi-
table result of any scheme of legislation by the General Government,
calculated to promote Manufactuies by restrictions upon C-ommerce or
Agriculture. But leave Manufactures where Agriculture and other
domestic ])ursints have been wisely left by the Constitution — with the
several States — and amjde security is funiished that no preference will be
given to one pursuit over another : and if it should be deemed advisable
in any particular State, to extend encouragement to manufactures, either
'Yates' Secret Debates in the Convention, p. 71.
320 STATUTES AT LARGE
Convention by direct appropriations of money, or in the way pointed out in the
Article of the Constitution above quoted, that this will be done not at the
expense of the rest of the Union, but of the particular State, Avhose
citizens are to derive the advantages of those pursuits. Should Massa-
chusetts, for instance, find it to her advantage to engage in the manufac-
ture of Woollens or Cottons, or Pennsylvania be desirous of encourag-
ing the working of her Iron Mines, let those States grant bounties out
of their own Treasuries, to the persons engaged in these pursuits ; and
should it be deemed advisable to encourage their manufactures by duties,
" discouracring the importation of similar articles," in these respective
states, let them make an application to Congress, whose consent would
doubtless be readily given to any acts of those States, having these ob-
jects in view. The Manufactures of Massachusetts and Pennsylvania
would thus be encouraged at the expense of the people of those States
respectively. But when they claim to do more than this, to encourage
their industry at the expense of the industry of the people of the other
States ; to promote the Mamifactures of the North, at the expense of the
Agriculture of tlie South, by restrictions upon Commerce, — ^in a word, to
secure a monopoly for their manufactures, not only in their oicn market,
but throughout the United States, then we say, that the claim is unjust,
and cannot be granted consistently with the principles of the Constitu-
, tion, or the gi'eat ends of a Confederated Gorernment. We shall not
stop to enquire whether, as has been urged with great force, that provi-
sion of the Constitution which confers the power iipon Congress " to
promote the progress of science and the useful arts, by securing, for
limited times, to authors and inventors, the exclusive right to their respec-
tive writings and discoveries," does not, by a necessary implication, deny
to Congress the power of promoting the useful arts (which include both
agricultux'e and manufactures) by any other means than those here speci-
fied. It is sufficient for our purpose to shew that the power of promoting
manufactures, as a distinct substantive object of legislation, has no where
been granted to Congress. As to the incidental protection that may be
derived from the rightful exercise of the power, either of regulating
commerce, or of imposing taxes, duties and imposts, for the legitimate
purposes of government — this certainly may be as freely enjoyed by
manufactures as it must be by evei-y other branch of domestic industry.
But as the power to regulate commerce, confeiTed expressly for its
security, cannot be fairly exerted for its destruction, so neither can it be
perverted to the purpose of building uji manufacturing establishments —
an object entirely beyond the jurisdiction of the Federal Government —
So also, the power to levy taxes, duties, imposts and excises, expi-essly
given for the purpose of raising revenue, cannot be used for the discour-
agement of importations, for the purpose of promoting manufactures,
without a gross and palpable violation of the plain meaning and intent of
the federal compact. Acts may be passed on these subjects falsely pur-
porting, on their face, to have been enacted for the purposes of raising
revenue and regulating commerce,— but if in truth they are designed
(as the acts of 1824, 1828, and 1832, confessedly and avowedly have been)
for an entirely different purpose, viz. for the encouragement and promo-
tion of Manufactures — the violation of the Constitution is not less gross,
deliberate and palpable, because it assumes the most dangerous of all
forms, a violation hy perversion, the use of a power granted for one pur-
pose, for another and a different purpose, in relation to which Con-
gress has no power to act at all. On the whole, even from the
very brief and imperfect view which we have here taken of
OF SOUTH CAROLINA. 321
this subject, wc think we have demoiislratcd that the protecting <^onvkntion
system is as «;i{oss ano i'Ai.pahm; a violation of the C'onstiti tion, "^^'ihIw^'^'^
according. to its true spirit, intent and meaning, as it is un(|uesrional)ly .^.^--/-^^
ifXKQUAL, oi'i'REssivE and UNJUST in its bearing upon the great interests
of the country, and the several sections of the Union.
I3ut great as are the evils of the American System, fatal as it assuredly
must be to the prosperity of a large portion of the Union, and gross ad
is the violation of the letter and spirit of the Constitution which it per-
petrates, the consequences which must inevitably result from the estab-
lishment of the pernicious priliciplcs on which it is founded, are evils of
still greater magnitude. An entire change in the character of the Gov-
eniment is the natural and. nccossiiry consequence of the apj)lication to
the Constitution of tliose latiludinous rules of construction, from which
this system derives its existence, and which must "consolidate the States
by degrees into one sovereignty ; the obvious tendency and inevitable
result of whicii would be to transfoi-m the present Representative system
of the United States into a Monarcliy."*
We fearlessly ajipeal to all considerate men, whether it be in the nature
of things possible to hold together such a confederacy as ours, by any
tneans short of military despotism, after it has degenerated into a Con-
solidated GovERNiMENT — that is to say, after it shall come to be its
established policy to exercise a general legislative controul over the interests
and pursuits of the whole American People.
Can any man be so infatuated as to believe that Congress could regU"
late wisely the whole labor and capital of this vast Confederacy ? —
Would it not be a burden too greivous to be borne, that a great central
Government, necessarily ignorant of the condition of the remote parts
of the country, and regardless, perhaps, of their prosperity, should un^
dertake to interfere- with their domestic pursuits, to controul their
labor, to regulate their property, and to treat them, in all respects, as
DEPENDENT COLONIES, govemed not with reference to their own interests,
but the interests of others % If such a state of things must be admitted
to be altogether intolerable, we confidently appeal to the sober judfjment
and patriotic feelings of every man who values our free institutions, and
desires to preserve them — whether the progress of the Government
towai'ds this result, has not, of late years, been rapid and alarming "?
And whether, if the downward course of our aft'airs cannot be at once
an-ested — the consumation of this system is not at hand ? No sooner'
had Congress assumed the power of building up manufactures, by suc^
cessive tariffs — calculated and intended to drive men from agriculture
and commerce, into more favored pursuits — than internal improvements
sprung at once into vigorous existence. Poision.s have been enlarged
to an extent not only before unknown in any civilized country, but they
have been established on such principles as manifest the settled purpose
of bestowing the public treasure, in gratuities, to particular classes of per^
sons and particular sections of country. Roads and Canals have been
commenced, and sui'veys made in certain quarters of the Union, on a
scale of magnificence, Avhich evinces a like determination to distribute
the public wealth into new and favored channels ; and it is in entire ac-
cordance, both with the theory and practice of tliis new system, that the
Genei'al Government should absorb all the authority of the States, and
* Mwlison's Report.
VOL. 1.— 41.
322 STATUTES AT LARGE
Convention eventually become the grand depository of the jiowers, and the genera:!
1832. guardian and distributor, ot" the wealth of the whole Union. It is known
to all who have marked the course of our national afiairs, that Congress
has undertaken to create a Bank, and has already assumed jurisdiction
over science and the arts, over education and charities, over roads and
canals, and almost every other subject, fonnerly considered as appertain-
ing exclusively to the States, and that they claim and exercise an unVnni-
tcd controul over the appropriation of the pnhlic lands, as well as of the
2?uhlic money. On looking, indeed, to the legislation of the last ten years,
it is impossible to resist the conviction that a fatal change has taken place
in the whole pplicy and entire operation of the Federal Government ;
that in every one of its depai'tments, it is both in theoiy and practice
rapidly verging towards Consolidation — asserting jiidicial supremacy
over the sovereign States, extending Executive Patroxage and influ-
ence to the remotest ramifications of society, and assuming legislative
conti'oul over every object of local concernment ; thereby reducing the
States to petty corporations, shorn of their sovereignty, mere parts of
one great whole, standing in the same relation to the Union, as a county
or parish to the State of which it is a subordinate part.
Such is the true character, and such the inevitable tendencies of the
Americax System. And when the case, thus plainly stated, is brought
home to the bosoms of patriotic men, surely it is not possible to avoid
the conclusion, that a political system founded on such principles must
bear within it the seeds of premature dissolution — and that, though it
may for a season be extended, enlai"ged and strengthened, through the
coiTupting influence of patronage and power, until it shall have em-
braced in its serpent folds all the great interests of the State ; still the
time must come when the people, depiived of all other means of escape,
will rise up in their might, and release themselves from this thraldom,
by one of those violent convulsions whet'eby society is upiooted from its
foundations, and the edict of Reform is written in Blood.
Against this system South Carolina has remonstrated in the most
earnest terms. As early as 1820, there was hardly a district or parish in
the whole State from which memorials were not forwarded to Congress,
the general language of which was that the protecting system was " utterly
subversive of their rights and interests." Again, in 1823 and 1827, the
people rose up, almost as one man, and declared to Congress and the
world, " that the protecting system was unconstitutional, opj^ressive and
unjust." But these repeated remonstrances were answered only by re-
peated injuries and insults — by the enacting of the Tariffs of 1821 and
1828. To give greater dignity, and if possible more effect, to these
appeals, the Legislature, in December, 1825, solemnly declared, " that it
was an unconstitutional exereise of power on the part of Congress, to
lay duties to protect domestic manufactures" — and in 1828, they caused
to be presented to the Senate of the United States, and claimed to have
recorded on its Journals, the solemn Protest of the State of South
Carolina, denouncing this system as '■'■ utterly unconstitutional, grossly une-
qual and oppressive, and such an ahuse of power as teas incompaUhlc with the
principles of a free government and the great ends of civil society,''^ and that
they were " then only restrained from the assertion of tlie sovereign rights
of the State, by the hope that the magnanimity and justice of the good
people of the Union would effect an abandonment of a system partial in
its nature, unjust in its operation, and not within the powers delegated
to Congress." And, finally, in December, 1830, it was resolved, " That
the several acts of Congress, imposing duties on imports, for the protec-
OF SOUTH CAROLINA. 323
lion of domestic nKumlacturcs, are liii^lily ilmiqcrous and oppressive
violations ol" the Constitutional compart ; and tli;it whenever the States
which arc sntterinq; nnder the oj)pression, shall lose all reasonaijle hope
of redress, from the wisdom and justice of the Federal Government, it
will be their rioht and duty to interpose, in their sovereign capacity, for
the purpose of arresting the progress of the evil occasioned by the said
unconstitutional acts."
Nor has South Carolina stood alone in the expi-ession of these senti-
ments : Georgia and Virginia, Alabama and Mississijjpi, and North Caro-
lina, have raised their voices in earnest remonstrances an<l repeated
warnings. Virginia, in 1829, in responding to South Carolina, declared
" that the Constitution of the United States, being a federative compact
between sovereign States, in construing which no common arbiter is
known, each State has a right to construe the compact for itself; and
that Virginia, as one of the high contracting parties, feels itself bound to
declare, and does hereby most solemidy declare, its deliberate conviction,
that the acts of Congress usually denominated the Tarifi" Laws, passed
avowedly for the protection of domestic manufactures, are not au-
thori/.ed by the plain construction, true intent and meaning of the Con-
stitution."
Georgia, through her Legislature, pronounced this system to be one
" which was grinding down the resources of one class of the States to
build up and advance the prosperity of another of the same confederacy
— and Avhi(;h they solemnly believed to be contrary to the letter and
spirit of the Federal Constitution," and declared it to be the right of the
several States, in case of any infraction of the geneial compact, "to
complain, remonstrate, and even refuse obedience to any measure of the
General Government, manifestly against, and in violation of the Consti-
tution ; that otherwise the law might be violated with impimity, and
without redress, as often as the majority might think proper to transcend
their powei-s, and the party injured would be bound to yield an impli-
cit obedience to the measure, however unconstitutional ; which must
tend to annihilate all sovereignty and independence of the States,
and consolidate all powes in the General Government, which nev-
er was designed nor intended by the framej's of the Constitution."
Alabama also protested against " the attempt to exclude the foreign
in favor of the domestic fabrics, as the exercise of a power not granted
by the Constitution," and concluded by stating, " that she wished it to be
distinctly understood, that in common with the other Southern and South-
western States, she regards the power asserted by the General Govern-
ment to controul her mternal concerns by protecting duties, as a palpable
usurpation of powers, not given by the Constitution, and a species of
oppression, little shoit of legalized pillage."
North Carolina, in the same spii'it, declared, that while " it was con-
ceded thai Congress have the express power to lay imposts, she maintains
that the power was given for the purpose of Revenue, and Revenue
alone ; and that every other use of the power is an usurpation on the
part of Congress." And finally the legislature of Mississippi, " Resol-
ved, that the State of Mississippi concurs with the States of Georgia,
South Carolina and Viri^inia, in their different resolutions upon the sub-
ject of the Tariff', Colonization Society, and Internal Impi'ovements."
It has been in the face of all these remonstrances and protests, and in
defiance f»f these re])eated warnings and solemn declarations, that the
recent qiodifiyation of the Taritt", l)y the Act of 1S32, was effected. The
period of the final extinction of the public debt had always been looked
324 STATUTES AT LARGE
to as the crisis of our fate, when the policy of the country, in reference
to the Protective System, was to be finally settled. It was the period
assigned by common consent, as the utmost limit of the forbearance of
South Carolina, whose citizens felt that in the adoption of that system,
their Constitutional Rights had been trampled on, and their dearest
interests cruelly sacrificed.
No one could fail to perceive, that when every pretext for the continu-
ance of the high duties, under winch the Southern States had suffered
for so many years, was taken away by the payment of the National Debt,
and the consequent relief of the Treasury from an annual demand of
twelve millions of dollars, that no reason could be given why these
duties should not be brought down to the revenue standard, except that
it was deliberately designed to secui'e to the manufacturers, forever, the
monopoly they had so long enjoyed, at the expense of the other great
interests of the country.
We find accordingly, that the new Tariff, which is inteiaded to take
effect only after the final extinguishment of the Public Debt, has been
arranged and adjusted with a single eye to the perpetuation of this Sys-
tem, and with an entire disregard of the just claims of the Plantation
States. Whatever may be the amount of the aggregate reduction effected
by this bill, (and it is not pretended in the latest Treasury estimate, to
exceed $0,000,000, of which near $4,000,000 are on the unprotected
articles,) it is not denied that it will leave a surplus of many millions in
the Treasury, beyond the usual expenses or necessary wants of the
government; and it is notorious — nay, it appears on the face of the Bill
itself, that while duties to the amount of 40 — 50 and even 100 per cent,
are still to be levied upon the piotected articles, (that is to say, upon all
the Cottons, Woollens, and Iron, the Sugar and the Salt, and other
articles embraced in the Protecting System.) the duties on the unpro-
tected articles have been reduced greatly below the revenue standard,
and upwards of $3,000,000 entirely repealed ; so that according to this
system, as now established, a large surplus revenue, to be applied to
Internal Improvements, and other unwarrantable purposes, is to be levied.
by the imposition of enormous Taxes on the necessaries of life — the very
articles received chiefly in exchange for Southern productions ; and this
has been done in order to protect the industry of the North, with which
ours comes into competition, while the articles of luxury universally
acknowledged to be the fittest subjects for Taxation, are to be admitted,
duty free.*
Now, let it be remembered, that the very point in controversy, has all
along been, not the Revenue but the protecting duties, and yet we see that
in answer to all our petitions and remonstrances. Congress has been
graciously pleased to make an adjustment of the Tariff, which simply
consists in taking off the duties imposed for Revenue, while the protecting
duties are allowed to remain substantially untouched. It was not so
much the amount of the imposition, as the inequality and injustice of the
Protecting System, that has roused the people of South Carolina to deter
mined resistance ; and yet we find that this inequality has been aggrava-
ted, and that injustice perpetuated, by the deliberate adoption of a mea-
sure which was calculated and intended to rivet this system upon us,
beyond all hope of relief.
See Treasury Estimate, published in August last, shewing an aggregate reduction of
^5,187,078, of which $3,108,631 were made entirely fkke.
OF SOTJTT] CAIJOT.INA. 32-']
The grave and solemn (juestion now occurs, what is to be done to re- ^'onvkntion-
deem f)mselves from the state of colonial vassalage into which we have '^^Inyi^
unhappily fallen 1 Shall we still continue to wait for a returning sense -.^^t^/^^^
of justice on the part of our oppressors '. We are thoroughly ])crsuaded
that the hope can no longer be indulged, that the tariff majority in Con-
gress will, of their own accord, relieve us from this cruel bondage — ex-
perience teaches us that this expectation, so long and fondly indulged,
is utterly delusive. The only effect of further delay must be to strength-
en the hand of the oppressor — to crush the public spirit — deaden the
sensibility of the people to the inestimable value of their rights — and
teach them the degrading lesson of wearing their chains in patience. It
is almost inconceivable that any reflecting man can believe that the cnsis
in our affairs, arising from the final extinction of the public debt, should be
suffered to pass away, without reducing the tariff to the I'evenue stand-
ard, and yet that such reduction may be expected to take ])lace at s(3me
future period. What period so auspicious as that which has been allow-
ed to pass away vniimproved 1 Is any one so ignorant of human nature,
as not to know that the annual surplus, which then will be brought into
the Treasury, under the act of 1832, will be speedily absorbed by new
and enlarged appropriations, seiving as additional pro]3s to a system,
which some vainly imagine to be tottering on its base, ready to fall under
its own weight 'I Even at the last session of Congress, the annual ap-
propriations were enlarged by several millicms of dollars, in anticipation
of this expected surplus, and the foundation is already laid for its ab-
sorption ; and when this shall be accomplished, where will be the hopes
of those who now say that the evil is to correct itself, and who tell us
that the act of 1832, -which was in fact designed to rivet the system upon
the country forever — and was hailed by its friends as " a clear, distinct,
and indisputable admission of the principle of protection," is to be view-
ed as a blessed reform presenting the brightest auspices for the future ?
The truth unquestionably is, that the American System is from its very
nature progressive. When its foundations were laid, it was foreseen and
predicted that the great interests Avhich it would build up, would exert a
controuling influence over the legislation of the country. The history of
the world, indeed, affords no example of a voluntary relinquishment, by a
favored class, of any pecuniary or political advantage, secured to them by
the laws and general policy of the country. Force has often torn from
the hands of the oppressor, his unrighteous gains, but reason and argu-
ment are as vain, in convincing the understanding, as appeals to justice
and magnanimity have ever proved to be impotent in softening the hearts
of those who are enriched under the ojieration of laws passed professed-
ly for the public good. Who is there, that can for one moment believe
that any thing short of a direct appeal to their interests, will induce the
dependants upon the Federal Government, the wealthy suijar planters,
and iron masters, or the joint stock companies, who have millions invested
in cotton and woollen factories, yielding, under the operation of the
Protecting System, an annual income of 10 or 20 per cent, voluntarily to
relinquish the advantage secured to them by the laws, and consent to
come down to a level with the other classes of the community ! It is
impossible. From every view, then, which your committee have been
able to take of this subject, they are constrained to announce to this Con-
vention, the solemn truth, that after more than 10 years of patient endu-
rance of a system, which is believed by the people of this State to be
fatal to their prosperity, and a gross, dcUhcratv, and j)alpahle riolatum of
tlieir CoHstitutional rights — after the most earnest and unavailing appeals
326 , STATUTES AT LAlKiE
to that sense of justice, aud those common sympathies, which ought to
liind together the different members of a confederated republic, the cri-
sis has at length arrived, when the question must be solemnly and finally
tletermined, whether there i-emain any means, within the power of the
State, by which these evils may be redressed.
It is useless to disguise the fact, or to attempt to delude ourselves on
this subject. Tlie time lias come when the State must either adopt a deci-
sive course of action, or we must at once ahandon the contest. We cannot
again petition. It would be idle to remonstrate, and degrading to pro-
test. In our estimation, it is now a question of Liberty or Slavery ! It
is now to be decided, whether we shall maintain the rights purchased by
the precioi^.s blood of our fathers, and transmit them unimpaired to our
])osterity, or tamely surrender them without a struggle. We are con-
strained to express our solemn conviction, that under the Protecting Sys-
tem, we have been reduced to a state of " colonial dependence, suffering
and disgrace ;" and that unless we now fly with the spirit which becomes
freemen, to the rescue of our liberties, they are lost forever. Brought
up in an ardent devotion to the union of the States, the jjeople of South
Carolina have long struggled against the conviction, that the powers of
the Federal Government have been shamefully perverted to the purposes
of injustice and oppression. Bound to their brethren by the proud recol-
lections of the past, and fond hopes of the future, by common struggles
for liberty and common glories acquired in its defence, they have been
brought slowly, and with the utmost reluctance, to the conclusion, that
they are shut out from their syspathies, and made the unpitied victims of
an inexorable system of tyranny, which is without example in any coun-
try claiming to be free. Experience has at length taught us the lament-
able truth, that administered as the government now is, and has been for
sevei-al years past, in open disregard of all the limitations prescribed by
the Constitution, the Union itself, instead of being a blessing, must soon
become a curse. Liberty, we are thoroughly persuaded, cannot be pre-
served under our system, without a sacred and inviolable regard, not
merely to the letter, but to the true spirit of the Constitution ; and with-
out liberty, the Union -would not be worth preserving. If then there
were no alternatives but to submit to these evils, or to seek a remedy even
in E evolution itself, we could not, without proving ourselves recreant to
the principles hallowed by the example of our ancestors, hesitate a mo-
ment as to our choice. We should say, in the spirit of our fathers, " we
have counted the cost, and find nothing so intolerable as voluntary slave-
ry." But we cannot bring ourselves for one mwment to believe that the
alternatives presented to us, are revolution or slavery. W^e confidently
believe that there is a redeeming spirit in our institutions, which may, on
great occasions, be brought to our aid, for the pui-pose of preserving the
public liberty — restoring the Constitution — and eflecting a regeneration
of the government, and thereby producing a redress of intolerable griev-
ances, without war, revolution, or a dissolution of the Union. These
great objects, we feel assured, may now be effected, unless those who are
in ])ossession of the powers of the government, and chai'ged with the
administration of our national affairs, shall resolve to persevere in a course
of injustice, and prove, by their conduct, that they love the usurpation (to
which the people of this State are unalterably determined not to submit)
better than the Union. We believe that the redeeming spirit of our sys-
tem is State Sovereignty, and that it results from the very form and
structure of the Federal Govei'nment — that when the rights reserved to
tlie several states are deliberately invaded, it is their right and their duty
OF SOUTIT CAROLINA. -^27
to " inter poso for the iiurnose of niTestlnt^ tlio proiri-css of llio evil of ^'">;^;f;^'J''''J'
usurpatiun, and to maintain, witlun their respective hmits, the autlioiUies ]h:k.
aiul privileges belonging to them as inclependendent sovereignties."* If v^^—/-^^'
the several states do not possess this right, it is in vain that they cUi'in to
be sovereign. They are at once reduced to the degrading condition of
humble dependents on the will of the Federal Government. South Caro-
lina claims to be a sovereign State. She recognizes no tribunal upon
earth as al)ovc her authority. It is true, she has entered into a solemn
compact of Union with other sovereign states — luit she claims, and will
exercise, the right to determine the extent of her obligations under that
compact, nor will she consent that any other power shall exercise the light
of judging for her. And when that compact is violated by her co-states,
or by the Government which they have created, she asserts her unques-
tionable right "to judQc of the infractions, as well as of the Monr, and mea-
sure OF REDUESs."t South Carolina claims no right to judge for others.
The states, who are parties to the compact, must judge, each for itself,
whether that compact hns been pursued or violated ; and should they dif-
fer irreconcilably in opinion, there is no earthly tribunal that can authori-
tatively decide between them. It was in the contemplation of a similar
case, that iMi\ Jefferson declared that if the difference could neither be
compromised nor avoided, it was the peculiar felicity of our system to
have provided a remedy in a Convention of all the states, by whom the
Constitution might be so altered or amended, as to remove the difficul-
ty. To this tjibunal. South Carolina is willing that an appeal should
now be made, and that tlie constitutional compact should be so modi-
fied as to accomplish all the great ends for which the Union was form-
ed, and the Federal Government constituted, and at the same time
restore the rights of the states, and preserve them from violation here-
after.
Your Committee purposely avoid entering here into an examination
of the nature and character of this claim, which South Carolina asserts
to interpose her sovereignty, for the protection of her citizens from the
operation of unconstitutional laws, and the preservation of her own re-
served rights. In an address, which v/ill be submitted to the Conven-
tion, this subject will be fully examined, and they trust that it will be
made to appear, to the entire satisfaction of every dispassionate mind, that
in adopting the Ordinance, which the committee herewith report, de-
claring the Tariff Laws, passed for the protection of domestic manufac-
tures, null and void, and no law — and directing the Legislature to provide
that the same shall not be enforced within the limits of this State — South
Carolina will be asserting her unquestionable rights, and in no way viola-
ting her obligations under the federal compact.
The Committee cannot dismiss this point, however, even for the pre-
sent, without remarking that in asserting the principles, and adopting the
course, which they are about to recommend, South Carolina will only be
carrying out the doctrines which were asserted by Virginia and Ken-^
tucky in 1798, and which have been sanctioned by the high authority of
Thomas Jefferson. It is from the pen of this great apostle of liberty,
that we have been instructed that to the Constitutional compact, "each
State acceded as a State, and is an integral party ; its co-states, forming
as to itself the other party ;" that " they alone being parties to the com-
* Virginia Resolutions of '98.
i Kentucky KesolutionB of '98.
328 STATUTES AT LARGE
pact, are solely authorized to judge, in the last resort, of the pow-
ers exei"cised under it — Congress being not a party, but merely the
creature of the compact ;" that it becomes a sovereign State, "to sub-
mit to undelegated, and consequently unlimited power, in no man or body
of men on earth — that 'in cases of abuse of delegated fotccrs, the mem-
bers of the General Government being chosen by the people, a change
by the people would be the Constitutional remedy ; but Avhere powers
are assumed which have not been delegated [the very case now before
tis] A NULLIFICATION OF THE ACT IS THE RIGHTFUL REMEDY that every
State has a natural right, in cases not within the compact [castes non
Jredcris] to nullify, of their own authority, all assumptions of powers by
others -within their limits; and that without this right, they would be un-
der the dominion, absolute and unlimited, of whomsoever might exercise
the right of judgment for them ;" and that in case of acts being passed
by Congress, " so palpably against the Constitution as to amount to an
undisguised declaration, that the compact is not meant to be the mea-
sure of the joovvers of the Genei'al Government, but that it will proceed
to exercise over the slates all powers whatsoever, by seizing the rights of
the states, ajid consolidating thorn in the hands of the General Govern-
ment, with a power assumed of binding the states, not merely in cases
made federal, but in all cases whatsoever, by laws made, not with their
consent, but by otheis against their consent, it would be the duty of the
states to declare the acts void and of no force ; and that each should
fahc measures of its oicn for providing that neither such acts, nor any
other of the General Government, not plainly and intentionally autho-
rized by the Constitution, shall be exercised within their respective ter-
ritories."
In acting on these great and essential truths. South Carolina surely can-
not err. She is convinced, and has so declared to Congress and the
World, that the Protecting System is in all its branches a "gi'oss, delibe-
rate, and palpable violation of the Constitution." She believes that after
having exhausted every other means of redress in vain, it is her right,
and that it has now become her solemn duty, to interpose for arresting the
evil within her own limits, by declaring said acts "to be null and void,
and no law, and taking measures of her own that they shall not be en-
forced within her territory." That duty she means to perform, and to leave
the consequences m the hands of Him, with whom are the issues of life
and the destinies of nations.
South Carolina will continue to cherish a sincere attachment to the
Union of the states, and will to the utmost of her power endeavor to pre-
serve it; "and believes that for this end, it is her duty to watch over and
oppose any infraction of those principles which constitute the only basis
of that Union, because a faithful observance of them can alone secure
its existence." She venerates the Constitution, and will protect and de-
fend it " against every aggression, either foreign or domestic :" but above
all, she estimates, as beyond all price, her liberty, which she is unal-
terably determined never to surrender, while she has the power to
maintain it. Influenced by these views, your committee report here-
with, for the adoption of the Convention, a solemn DECLARATION
and ORDINANCE.
OF SOUTH CAROLINA. .i^O
AN ORDIX.WCi:,
To Nullify clutaIxN Acts of the Congress ok the United States, Pur-
porting TO r.K Laws, laying Dities ano Taii'osts on the I.mi'ortation
OF FoREK.'N (Commodities.
Whereas, ilic Congress of the United States, by various acts, purport-
ing to be acts laying duties and imposts on foreign impf)rts, but in re-
ality intended for the protection of domestic manufactures, and the giv-
ing of bounties to classes and individuals engaged in particular employ-
ments, at the expense and to the injury and oppression of other classes
and individuals, and by wholly exempting from taxation certain foreign
commodities, such as arc not produced or manufactured in the United
States, to afford a pretext for imposing higher and excessive duties on
articles similar to those intended to be protected, hath exceeded its just
powers under the Constitution, which confers on it no authority to afford
such protection, and hath violated the true meaning and intent of the*
Constitution, which provides for equality in imposing the burdens of
taxation upon the several States and portions of the Confederacy. And
tv?iereas, the said Congress, exceeding its just power to impose taxes and
collect revenue for the purpose of effecting and accomplishing the spe-
cific objects and purposes which the Constitution of tlie United States
authorizes it to effect and accomplish, hath raised and collected unneces-
sary revenue, for objects unauthorized by the Constitution —
We, therefore, the 'People of the State of South Carolina, in Convention
assemhled, do Declare and Ordain, and if is hcrehy Declared and Ordained,
That the several acts and parts of acts of the C'ongress of the United
States, purporting to be laws for the imposing of duties and imposts on
the impoitation of foreign commodities, and now Ijaving actual operation
and effect within the United States, and more especially an act entitled
" an act in alteration of the several nets imposing duties on imports,"
approved on the nineteenth day of May, one thousand eight hundred and
twenty-eight, and also, an act entitled " an act to alter and amend the
several acts imposing duties on imports," ap])roved on the fourteenth day
of -Tuly, one thousand eight hundred and thirty-two, are unauthorized by
the Constitution of the United States, and violati' the true meaning and
intent thei'eof, and are null, void, and no law, nor binding upon this
State, its oflicers, or citizens ; and all promises, contracts and obligations,
made or entered into, or to be made or t^ntered into, with purpose to se-
VOL. I.— 42.
330 STATUTES AT LARGE
Convention cure the duties imposed by said acts, and all judicial proceedings whicl/
1832. shall be hereafter had in affirmance thereof, are, and shall be held, utterly
null and void.
And it is fnrilier Ordained, That it shall not be lawful for any of the
constituted authoi-ities', whether of this State, or of the United States, to
enforce the payment of duties imposed by the said acts, within the limits
of this State; but it shall be the duty of the Legislature to adopt such
measures and pass such acts as may be necessary to give full effect to
this Ordinance, and to prevent the enforcement and arrest the operation
of the said acts and parts of acts of the Congress of the United States,
within the limits of this State, from and after the first day of February
next ; and the duty of all other constituted authorities, and of all persons
residing or being within the limits of this State, and they are hereby re-
quired and enjoined, to obey and give effect to this Ordinance, and such
acts and measures of the Legislature as may be passed or adopted in
obedience thereto.
And it is furtJicr Ordained., That in no case of law or equity, decided
in the Courts of this State, wherein shall be drawn in question the au-
thority of this Ordinance, or the validity of such act or acts of the Legis-
lature as may be passed for the purpose of giving effect thereto, or the
validity of the aforesaid acts of Congress, imposing duties, shall any
appeal be taken or allowed to the Supreme Court of the United States;
nor shall any copy of the record be permitted or allowed for that pur-
pose ; and if any such appeal shall be attempted to be taken, the Courts
of this State shall proceed to execute and enforce their judgments, ac-
cording to the laws and usages of the State, without reference to such
attempted appeal, and the person or persons attempting to take such ap-
peal may be dealt with as for a contempt of the Coiirt.
And it is further Ordained, That all persons now holding any office of
honor, profit or trust, civil or militai-y, under this State, (members of the
Legislature excepted) shall, within such time, and in such manner as the
Legislature shall prescribe, take an oath, well and truly to obey, execute
and enforce this Ordinance, and such act or acts of the Legislature as
may be passed in pui'suance thereof, according to the true intent and
meaning of the same ; and on the neglect or omission of any such person
or persons so to do, his or tbeir office or offices shall be forthwith vaca-
ted, and shall be filled up as if such person or persons were dead or had
resigned ; and no person hereafter elected to any office of honor, profit
or trust, civil or military, (members of the Legislature excepted) shall,
until the Legislature shall otherwise provide and direct, enter on the exe-
cution of his office, or be in any respect competent to discharge the du-
ties thereof, until he shall, in like manner, have taken a similar oath ; and
no juror shall be impannelled in any of the Courts of this State, in any
cause in which shall be in question this Ordinance, or any act of the Le-
gislature passed in pursuance thereof, unless he shall fii'st, in addition to
the usual oath, have taken an oath that he will wf^l) arid trulv obey, exe
OF SOUTH CAROLINA. 331
^oute, and enforce this Ordinance, and such act or acts of the Legislature f;°^;);,^,^'^'°^^
us may be passed to carry the same into operation and effect, according i832.
to the true intent and meaning thereof.
And we, the People of South Carolina, to the end that it may be
fully understood by the (roverrmient of the United States, and the
People of the co-States, that we are detemiined to maintain this, our
Ordinance and J)eclaration, at every hazard, Do further Declare, that we
will not submit to the application of force, on the part of the Federal
Government, to reduce this Slate to obedience ; but that we wdll con-
sider the passage, by Congress, of any act authorizing the employment
of a military or naval force against the State of South Carolina, her
constituted authorities or citizens, or any act abolishing or closing the
ports of this State, or any of them, or otherwise obstructing the free
ingress and egress of vessels to and from the said ports, or any other
act, on the part of the Federal Government, to coerce the State, shut up
her ports, destroy or harrass her commerce, or to enforce the acts here-
by declared to be null and void, otherwise than through the civil tribunals
of the country, as inconsistent with the longer continuance of South
Carolina in the Union : and that the People of this State will thence-
forth hold themselves absolved from all further obligation to maintain or
preserve their political connexion with the people of the other States, and
will forthwith proceed to organize a separate Government, and to do
all other acts and things wliich sovereign and independent States may
of right do.
Dotie in Convention, at Coluinhia, the ticenty-fonrth day of Novemher,
in the year of our Lord one thousand eight hundred and thirty-two, and in
the ffty-sevcnth year of the Declaration of the Independence of the United
States of America.
J AIMES HAMILTON, Jr. President of the Convention,
and Delegate from St. Peter's.
JAMES HAMILTOM, Sr. THOMAS W. BOONE
RICHARD. BOHUN BAKER, Sr. R. W. BARNWELL
SAMUEL AA^ARREN ISAAC BRADWELL. Jr.
NATHANIEL HEY WARD THOMAS G. BLEWETT
ROBERT LONG P. M. BUTLER
J. B. EARLE ; JOHN G. BROWN
L. M. AYER J. G. BROWN
BENJAMIN ADAMS JOHN BAUSKETT
JAMES ADAMS A. BURT
JAMES ANDERSON FRANCIS BURT, Jr.
ROBERT ANDERSON BAILEY BARTON
WILLIAM ARNOLD A. BOWIE
JOHN BALL JAMES A. BLACK
BARNARD E. BEE A. H. BELIN
332
STATUTES AT LARGE
Convention
Documents.
1832.
PHILLIP COHEN
SAMUEL CORDES
THOMAS H. COL COCK
C. J. COLCOCK
CHARLES G. CAPERS
WILLIAM C. CLIFTON
WEST CAUGHMAN
JOHN COUNTS
BENJAMIN CHAMBERS
1. A.CAMPBELL
WILLIAM DUBOSE
JOHN H. DAWSON
JOHN DOUGLAS
GEORGE DOUGLAS
F. H. ELMORE
WILLIAM EVANS
EDMUND J. FEEDER
A. FULLER
THEODORE L. GOURDIN
PETER G. GOURDIN
T. J. GOOD WYN
PETER GAILLARD, Jr.
JOHN K. GRIFFIN
GEORGE W. GLENN
ALEX. L. GREGG
ROBERT Y. HAYNE
WILLIAM HARPER
THOMAS HARRISON
JOHN HATTON
THOMAS HARLLEE
AMB. HUGUENIN
JACOB BOND TON
JOHN S. JETER
JOB JOHNSTON
JOHN S. JAMES
M. JACOBS
J. A. KEITH
JOHN KEY
JACOB H. KING
STEPHEN LACOSTE
JAMES LYNAH
FRANCIS Y. LEGARE
ALEX. J. LAWTON
JOHN LIPSCOMB
JOHN LOGAN
J, LITTLE.JOHN,
A. LANCASTER
BENJ.A. MARKLEY
JOHN MAGRATH
JOHN S. MANER
W. M. MURRAY
R. G. MILLS
JOHN B. McCALL
D. H. MEANS
R. G. MAYS
GEORGE McDUFFIE
JAMES MOORE
JOHN L. MILLER
STEPHEN D. MILLER
JOHN B. MILLER
R. P. McCORD
JOHN L. NO WELL
JENNINGS O'BANNON
J. WALTER PHILLIPS
CHARLES PARKER
WILLIAM PORCHER
EDWARD G. PALMER
CHARLES C. PINCKNEY
WILLIAM C. PINCKNEY
THOMAS PINCKNEY
FRANCIS D. QUASH
JOHN RIVERS
DONALD ROWE
BENJAMIN ROGERS
THOMAS RAY
JAMES G. SPANN
JAMES SPANN
S. L. SIMONS
PETERJ. SHAND
JAMES MONGIN SMITH
G. H. SMITH
WM. SMITH
STEPHEN SMITH
WM. STRINGFELLOW
EDWIN J. SCOTT
F. W. SYMMES
J. S. SIMS
T.D. SINGLETON
JOSEPH L. STEPHENS
T. E. SCREVEN
ROBERT J. TURNBULL
ELISHA TYLER
OF .SOUTH CAIfOLINA.
:i?.2
PHILLir TIDYMAN
ISAAC B. ULMb:R
PETER V AUGHT
ELIAS VANDERHORST
JOHN L. WILSON
ISHAIM WALKER.
WILLL'VM WILLIAMS
THOMAS B. WOODWARD
STERLINC; C. WILLIAMSON
[attest.
F. 11. WA1{J)LAW
ABNJOR WHATLEY
.1. J'. VVailTE FIELD
SAMUEL L. WATT
NICHOLAS WARE
WM. VYATIES
ARCHIBALD YOUNG
K. BARNWELL SMITH
ISAAC W. HAYNE,
Clerk of the Convent io7i .
CoNVKNTION
Documents.
18.'}2.
334 STATUTES AT LARGE
ADDRESS,
TO THE PEOPLE OF .SOdTH CAROLINA, BY THEIR DELEGATES IN CON-
VENTION.
Fei.i.ow-Citizens :
The situation in which you have been placed by the usurpations of the
Federal Government, is one which you so peculiarly feel, as to render all
reference to it at this moment unnecessary. For the last ten years the
subject of your grievances has been presented to you. This subject you
have well considered. You have viewed it in all its aspects, bearings,
and tendencies, and you seem more and more confirmed in the opinion,
expressed by both branches of the Legislature, that the Tariff, in its ope-
ration, is not only " grossly unequal and unjust, but is such an abuse of
power as is incompatible with the principles of a Free Government,
and the great ends of civil society;" and that, if persisted in, " the fate
of this State would be poverty and utter desolation." Correspondent
with this conviction, a disposition is manifested in eveiy section of the
country, to arrest, bj some means or other, the progress of this intolera-
ble evil. This disposition having arist-n from no sudden excitement, but
having been gradually formed by the free and temperate discussions of
the Press, there is no reason to believe that it can ever subside, by any
means short of the removal of the urgent abuse ; and it is under this general
conviction, that we have been convened to take into consideration, not
only the character and extent of your grievances, but also the mode and
measure of redress.
This duty, Fellow-Citizens, we have discharged to the best of our
judgments, and the result of our deliberations will be found in the De-
claration and Ordinance just passed by us — founded on the great and
undeniable truth, that in all cases of a palpable, ojjpressive and danger-
ous infraction of the Federal compact, each State has a right to annul,
and to render inoperative within its limits, all such unauthorized acts.
After the luminous expositions which have been already furnished by so
many great minds, that the exercise of this right is compatible with the
first principles of our anomalous scheme of Government, it would be su-
perfluous here to state at length the reasons by which this mode of redress
is sustained. A deference, however, for the opinions of those of our fel-
low-citizens who have hitherto dissented from us, demands that we should
briefly state the principal grounds upon which we place the right and the
expediency of Nullification.
The Constitution of the United States, as is admitted by contempora-
neous writers, is a cojnpact between Sovereign States. Though the sub-
ject matter of that compact, was a government, the powers of which
Government were to operate to a certain extent upon the people of those
Sovereign States, aggregately, and not upon the State Authorities, as is
OF SOUTH CAROLINA. 335
usual in Coiifodcnuics, still the Cotistitution is a Confcdeviicy. First —
It is a C'oi)fb([(M<i<v, l')ecauHC, in lis fout/da/if/ns, it possesses not one sin-
gle feature of //<///i>/ki///i/. The [)eoj)le of the separate States, as dis-
tinct politicnl coninumities, ratijicd the Constitution, each Slate acting for
itself, and binding its own citizens, and not those of any other State.
The act of ratification declares it " to be binding on the i^latcs, so ratify-
ing." The States are its authors — fl/eir power created it — ikci?- voice cloth-
ed it with authority — the Goveinnieut it formed, is, in reality, tJ/cir Govern-
raent, and the Union of which it is the bond, is a Union of States, and
not of individuals. Secondly — It is a Confederacy, because the extc/if of
the powers of the (Jovernment depends, not uj)on the peo])le of the Uni-
ted {States cof/ectirc/'/, but upon the State Legislatures, or on the peojile
of thQ separate States, acting in their State Convenlioni-., each State being
represented by a single vote.
It must never be forgotten, that it is to the creat'ivg and to ilie cnntroul-
ing power, that we are to look for the tiue character of the Federal
Government ; for the present controversy is, not as to the sourcks from
which the ordinary poAvers of the Government are drawn; these are
partly /Jy/f /•(■//, and ])artly national. Nor is it relevant, to consider upon
trhom these poweis ojieratc. In this last view, the Government for
iiniited purposes is entirely national. The true question is, who are the
parties to the compact? Who created, and who can alter and de.stroy it?
Is it the States or the People ? This question has been already answer-
ed. The States, as States, ratified the compact. The people of the Uni-
ted States, collectively, had no agency in its formation. There did not
exist then, nor has there existed at any time since, such a political body
as the people of the United States. Thei'e is not now, nor has there ever
been such a relation existing, as that of a cititizen of New-Hampshire,
and a citizen of South Carolina, bound together in the same social com-
pact. It would be a waste of time to dwell longer on this part of our
subject. We repeat, that as regards the foundation, and the extent
of its powers, the Government of the United States is strictly what its
name implies, a Federai. Government — a league between several Sover-
eigns ; and in these views, a more perfect Confederacy has never existed
in ancient or modern times.
Or looking into-this Constitution, we find that the most important so-
vereign powers are delegated to the central GoveiTiment : and all other
poAvers are reserved to the States. A foreign or an inattentive reader,
unacquainted with the origin, progress, and history of the Constitution,
would be very apt, from the phraseology of the instrument, to regaid the
States as having divested themselves of their Sovereignty, and to have
become great corporations subordinate to one supreme Government, But
this is an error. The States are as Sovereign now, as they were pnor
to their entering into the compact. In common parlance, and to avoid
circumlocution, it may be admissible enough to speak of delegated
and reserved Sovereignty. But correctly speaking. Sovereignty is an unit.
It is "one, indivisible and unalienable." It is, therefore, an absurdity to
imagine that the Sovereignty of the States is surrendered in part, and
retained in ^>«/V. The Federal Constitution is a treaty, a confederation,
an alliance, by which so many Soverei'pi States agree to exercise their so-
vereign powers roiijoi/ithi upon certain objects of external concern, in which
they are erpudly inteiested, such as war, peace, iommerce. Foreign Ne-
gociation, and Indian Trade; and upon all other subjects uf civil Govern-
ment, they are to exercise their Sovereignty scparateli/. 'I'hi^ is thp time
nature of the compact.
336 STATUTES AT LARGE
CoiWKNTiox For the convenient conjoint exercise of the Sovereignty of the States
° 1832''"^ there must, of necessity, be some common agency or functionary. This
agency is the Federal Government. It represents the confederated
States, and executes their joint will, as expressed in the compact.
The powers of this Government are wholly derivative. It possesses
no more inherent sovereignty than an incorporated town, or any other
great corporate body — it is a political corporation, and, like all corpo-
rations, it looks for its power to an exteiior source. That source is
the States. It wants that " irresistable, absolute, uncontrouled authori-
ty," without which, according to jurists, there can be no sovereignty.
As the States conferred, so the States can take away its powers. All
inherent sovereignty is, therefore, in the States. It is the moral obli-
gation alone, which each State has chosen to impose upon herself,
and not the want of sovereignty, which restrains her from exercising
all those powers which (as we are accustomed to express ourselves)
she lias surrendered to the Federal Govei'nment. The present or-
ganization of our Government, as far as regards the terms in which
the powers of Congress are delegated, in no wise differs from the old
Confederation. The powers of the (31d Congress were delegated rath-
er in stronger language than we find them written down in the new
charter ; and yet he would hazard a bold assertion, who would
say that the States of the old Confederacy were not as sovereign as
Great Britain, France and Russia would be, in an alliance offensive
and defensive. It was not the reservation in express terms of the
" Sovereignty, Freedom, and Independence of each State" which made
them Sovereign. They would have been equally Sovereign, as is uni-
versally admitted, without such a reservation.
We have said thus much on the subject of Sovereignty, because the
only foundation upon which we can safely erect the righl of a State
to protect its citizens, is, that South Carolina, by the Declaration of
Independence, became, and has since continued, a Free, Sovereign
and Independent State ; that as a Sovereign State, she has the inhe-
rent power to do all those acts which, by the law of Nations, any
Prince or Potentate may of right do ; that, like all independent
States, slie neither has, nor ought she to suffer, any other restraint upon
her sovereign will and pleasure, than those high moral obligations,
under which all Princes and States are bound before God and man,
to perform their solemn pledges. The inevitable conclusion, from
what has been said, therefoi'e, is, that as in all cases of compact
between Independent Sovereigns, where, from the very nature of things,
there can be no common judge or umpii'e, each Sovereign has a right
" to judge as well of infractions, as of the mode and measure of re-
di'ess" — so in the present controversy between South Carolina and the
Federal Government, it belongs solely to her, by her delegates in
solemn Convention assembled, to decide, whether the Federal com-
pact be violated, and what remedy the State ought to pursue. South
Cai'olina, therefore, cannot, and will not yield to any Department of
the Federal Government, and still less to the Supreme Court of the
ITuited States, the creature of a Government which itself is a creature
of the States, a right which enters into the essence of all sovereignty,
and without which it would become a bauble and a name.
It is fortunate for the view which we have just taken, that the his-
tory of the Constitution, as traced through the Journals of the Con-
vention which framed that instrument, places the right contended for,
upon the same suie foundation. Those journals furnish abundant
OF SOUTH CAROLINA, 337
])roof that "no liiic <A' jurisdiction l)ctwecn the States and Federal <^'j\vr.xTioN
Government, in dcjulilt'iil cases," couhl l)e ag^reod on. It was conceded "' iHy-j"'^"'^'
hy Mr. Madison and Mr. Randolpli, tlie most prominent advocates for a
Supremo ( rovernmcnt, that it was impossible to draw this line, because
no tribunal sufHcicntly im]>artial, as tliey conceived, could be found, and
that there was no alternative, but to make the Fedei'al Clovernment Su-
]>reme, by givino^ it, in all such cases, a negative on the acts of the State
Legislature. The pertinacity with which this negative power was insis-
ted on by the advocates of a National (lovernmcnt, even after all the
important jirovisions of the judiciary or third article of the Constitution
were arranged or agreed to, proves, beyond doubt, that the Supreme
(Jourt was never contemjdaled by either party in that Convention, as an
arbitei', to decide conflicting claims of sovereignty between the States
and Congress; and the repeated rejection of all proposals to take from
the States the power of placing their own construction upon the articles
of Llnion, evinces that the States were resolved never to part with the
right to judge whether the acts of the Federal Legislature were, or were
not, an infringement of those articles.
Correspondent with the right of a sovereign State to judge of the
infractions of the Federal Compact, is the duty of this Convention to
declare the extent of the grievance, and the mode and measure of re-
dress. On both these points, public opinion has already anticipated us,
in much that we could urge. It is doubted whether, in any country,
any subject has undergone, before the people, a more thorough exami-
nation than the Constitutionality of the several acts of Congress for the
]u-otection of Domestic Maiuifactures. Independent of the present em-
barrassments they throw in the way of our commerce, and the plain
indications that certain articles which are the natural exchange for our
valuable staple products, are, sooner or later, to be virtually prohibited —
independent of the diminution, which these impost duties cause in our
incomes, and the severity of the tax upon all articles of consumption
needed by the poor, they recognize a principle, not less at war with the
ends for which this great confederacy was formed, than it is with that
spirit of justice, and those feelings of concord which ought to prevail
amongst states united by so many common interests and exalted triumphs.
The people surely need not to be told, in this advanced period of in-
tellect and of fi'eedom, that no government can be free, which can
rightfully impose a tax, for the encouragement of one branch of indus-
try, at the expense of all others, unless such a tax be justified by some
great and unavoidable public necessity. Still less can the people believe,
that in a confederacy of states, designed, principally, as an alliance
ofiensive and defensive, its authors could ever have contemplated that the
federal head should regulate the domestic industry of a widely extended
country, distinguished above all others, for the diversity of interests,
pursuits and resources in its various sections. It was this acknow-
ledged diversity, that caused the arrangement of the conjoint and sepa-
rate exercise of sovereign authority ; the one to regulate external
concerns, and the other to have absolute controul " over the lives, liber-
ties, and properties of the people, and the internal order, improvement,
and prosperity of the states."
It is the stiiking characterestic in the operation of a simple and con
solidated government, that it protects Manufactures, Agriculture, or any
other branch of the pulilic industry — that it can establish corporations, or
make Roads and Canals, and patronize learning, and the arts. But it
would be difficult to shew that such was the government which the
VOL. I.— 43.
338 STATUTES AT LARGE
CoNvENTiov sag-es of the Convention designed for the states. All these powers were
"^832^^^ p]-()])osed to be given to Congress, and they wei'e proposed by that party
in the Convention who desired a firm N(itio7ial Government. The Con-
vention having decided on the federal form, in exclusion of the national,
all these propositions were rejected ; and yet we have lived to see an
American Congress, which can hold no power except by express gi'ant,
as fully in the exercise of these powers, as if they were part and parcel
of their expressly delegated authority. Under a pretence of legulating
Commerce, they would virtually prohibit it. Were this regulation of
Commerce lesorted to as a means of coercing foreign nations to a fair
reciprocity in their intercourse with us, or for some other bona fide
commercial purpose, as has been justly said by our Legislature, the
Tariff acts would be Constitutional. But none of these acts have been
passed as countervailing or retaliatory measures, for restrictions placed
on our Commerce by foreign nations. Whilst other nations feel disposed
to relax in their restraints upon trade, our Congress seems absolutely
bent upon the interdiction of those articles of merchandize, which are
exchangeable for the products of Southern labor ; thus causing the prin-
cipal burthen of taxation to fall upon this portion of the L'nion, and by-
depriving us of our accustomed markets, to impoverish our whole
Southern country. In the same manner, and under the pretence of
promoting the Internal Improvement of the states, and for other equally
unjustifiable and unconstitutional purposes. Congress is in the constant
habit of violating those fundamental principles of the Constitution,
on which alone can rest the jarosperity of the states, and the durability
of the Union.
It is in vain to imagine, that v.ith a people who have struggled for
freedom, and know its inestimable value, such a state of aftairs can be
endured longer than there is a well founded hope, that reason and jus-
tice will resume their empire in the common council of the confederacy.
That hope having expired with the last session of Congress, by the
present Tariff Act distinctly and fully recognizing, as the permanent
policy of the country, the odious principle of protection, it occurs to us
that there is but one course for the State to pursue. That coui'se, fellow-
citizens, is RESISTANCE. Not pliysical, but MORAL resistance — not resis-
tance in an angry, or irritated feeling, but resistance by such counter-
legislation, which, whilst it shall e\-ince to the world that our measiu'es
are built upon the necessity of tendering to Congress an amicable issue,
to try a doubtful question, between friends and neighbors, shall, at the
same time, secure us in the enjoyment of our rights and privileges. It
matters not, fellow-citizens, by what name this counter-legislation shall be
designated — call it Nullification, State interposition. State veto, or by
whatever other name you please, still if it be but resistance to an op-
pressive measure, it is the course which duty, pati'iotism, and self-pre-
servation prescribes. If we are asked uj^on what ground we place the
right to resist a particular law of Congress, and yet regard ourselves as a
constituent member of the Union, we answer — the ground of the com-
pact. We do not choose, in a case of this kind, to recur to what are
called our natural rights, or the right of revolution. We claim to nul-
lify by a more imposing title. We claim it as a coxstitutioxal right;
not meaning, as some have imagined, that we derive the right from the
Constitution, for derivative rights can only belong to the functionaries of
the high contracting parties to the Constitution, but we claim to exer-
cise it as one of the parties to the compact, and as consistent with its
letter, its genius and its spirit — it being distinctly understood at the
OF SOUTH C!A170LTNA. 339
lime of ratifvintr the Constitution, that the exercise of ail sovereijni (^onvention
rights not agreed to be hatl conjointly, were to be exerted sc])arately by ^^-^-j'
the states. Thouo-h it be true, that the provision in favor of wlrH we
call the reserved rights ot the states, was not necessary to secure to the
states such reserved rights, yet the mere circumstance of its insertion in
the instrument, makes it as clear a Con.sfitutinnal provision, as that of the
]^ower of Congrfcss to raise armies, or to declare war. Any exercise
of a right in conformity with a Constitutional provision, we conceive to
be a Constitutional right, whether it be founded on an express grant of
the right, or be included in a general reservation of undefined powers.
The Constitution being the supreme law, and instrument in which a
distribution of powers is made between the Federal (xovennnent and
tlie Stales, it is incumbent on the authorilies of each Government, so to
shape their legislation as not to overstep the boundaries assigned to them.
No act can therefore be done by either Government, which for its
validiti/ can be refej'red to any other test than the standard of the
coNsTFTUTioN. If a State Government passess an act, defining and
punishing a burglary, or a law abolishing the rights of primogeniture, it
is more correct to say, that she is in the exercise of her Const'Uut.mial,
than of her natural rights, because it is an express Constitutional provi-
sion, that she should exercise all her sovereign rights, not already entrus-
ted to the common functionary of. the parties. As it is impossible, then,
that any act can be passed by either Goverament, which if disputed,
must not be referred to the Constitution as the supreme law of the par-
ties, so a right is constitutional or unconstitutional, as it shall be found to
comport with, or to be repugnant to, the terms or the spirit of that in-
strument. There is not, therefore, a sovereign, or a natural right, which
South Cai'olina can lawfully exercise in confoi'mity with her engage-
ments, which is not stipulated for in the tenth amendment to the Con-
stitution. All such rio-hts stiyjulated for, must be Constitutional. To
regard them otherwise, would be a perversion of terms.
That Nullification under our reserved rights was regarded as Consti-
tutional by the Virginia Resolutions of 1798, is clear from the exposition
of them by the celebrated Report, drawn by Mr. Madison. In defending
the third of these Resolutions, which asserts the doctrine of State
interposition and protection, the Committee say " that they have scanned
it not merely with a strict, hut loltli a severe eye ; and they feel confidence
in pronouncing, that in its just and fair construction, it is unexceptionably
true in its several 2>ositlons, as well as CONSTITUTIONAL and conclu-
sive in its inferences^ What where the positions of the third Resolu-
tion X 1st, That the powers of the Federal Government were limited to
the plain sense of the instrument constituting the compact. 2d, That in
case of a deliberate, palpable and danoerous infraction of the compact, the
State has the right to interpose, &:c. Now what is the inference ? It is
that " they are in duty bound to arrest the progress of the evil, by main-
taining within their RESPECTIVE limits, the authorities, rights and
liberties appertaining to them." This inference, says the Report, is
"CONSTITUTIONAL and conclusive." The same doctrine was as
distinctly afiiimed by the Virginia Assembly, in their Resolutions adop-
ting the Report. They say " that having fully and accurately re-examin-
ed and re-considered these Resolutions, they find it to be their indis-
pensable dutv to ADHERE to the same as founded in truth, as CON-
SONANT WITH THE CONSTITUTION, and as cmduclre to it^
jprescr cation.^'
We are aware that it has been recently maintained, that by the State
340 STATUTES AT LARGE
CoNvKNTjoN inteq^osition refen^ed to in this Resolution, the Virginia Assembly had
"^1832^^^' idhision to the natural right; and Mr. Madison himself has been brought
forward to give a construction to this Resolution contrary to the most
obvious import of the terms. Be it so. Then, if the State interposition
here spoken of, be a natural right, it is a right which the Virginia As-
sembly have pronounced " consonant w^ith the Constitution, and as
conducive to its preservation." Or, in other words, that without the
exercise of this natural sovereign light of interposition, the Constitution
cannot be preserved. There is no incongruity in this. It is quite
competent for two monarchs to stipulate in a treaty for that right,
which, independent of that treaty, would be a natural right ; as if a
])Ower were conferred by the treaty, (m the citizens of either Prince, to
capture, adjudge and execute all subjects of the other, engaged in pira-
cy on the high seas. It certainly would be more proper to call such a
right, a Conventional right, than a natural right, though it be both.
Several of the State Constitutions furnish instances of natural rights
being secured by a Constitutional provision. Even in the instrument we
are now considering, there is a distinct affirmation, in terms, of a natural
right of sovereignty : such as the sovereign right of a State to keep
troops and ships of war in a certain emergency, or the sovereign right of
a State to lay import and export duties, for the purpose of executing its
inspection laws. In these cases, a natural right is also a constitutional
right, contrary to the definition of those who maintain that no right is
properly constitutional which is a sovereign right — because constitutional
rights are derivative rights, exercised by functionaries. That reasoning
would be indeed strange, which would place a natural reserved sovereign
right, expressed in terms, upon a better footing than all that mass of
residuary power included in the general reservation of the tenth amend-
ment. It would be to create a distinction without a difference. The
reserved rights, though undefined, are easily ascertained. Any particular
right, not found in the enumerated powers of Congresss, of course
belongs to the states.
The right to nullify, is universally admitted to be a natural sovereign
right. The natural rights of the states are also admitted to be their re-
served rights. If they ai'e reserved, they must be constitutional, because
the Constitution being an agreement to arrange the mode by which the
states shall exercise their sovereignty, expressly stipulates for the exercise
of these powers in all cases not enumerated. To some it may be unim-
portant upon what basis we place the right of a State to protect its citizens,
as counter-le"islation would be the beginning- of resistance in either case :
others may, perhaps, justly say, that the whole controversy is resolvable
into a dispute as to what is, or is not, the proper definition of a constitu-
tional right. We, however, think it of infinite importance, in urging the
right of Nullification, to regard it as a consMut tonal , rather than as a natu-
ral remedy, because a constitutional proceeding is calculated to give it a
pacific coui'se and a higher recommendation. Tlie characteristic, in fact,
of the American Constitutions in genei'al, is, tliat they sanctify the fun-
damental principles of the American Revolution. Whilst other nations
have to resort to the law of nature, and by foi'ce to diive despots from
their thrones — thus incurring what amongst them is odiously termed, the
guilt of rebellion, — we here have the incalculable advantage of a thorough
understanding amongst all classes, that it is the right as well as the duty, of a
free people, to recur, when necessary, to their sovereign rights, to resist
oppression. Such a sentiment as this becoming familiar to the public mind,
acquires prodigious strength, when its spirit is seen to peiTade a writ-
OF SOTJTTT CAKc^LTTsA. 341
tea Constitution, and i)rcvcnts rather than arcelcratcs opportunities ^'^J'J^^^J^"^
for an uinieccssaiy rcc^urrencc to revolutionary movoinonts. Under ihW.
such a structure of the public; sentiment, wlien the voice of a Sovereiti^n
State shall be spoken, " it will be lieard in a tone, which virtuous govern-
ors will o/jci/, and tyrannical ones shall dread." Nothing can more recon-
cile Nullification to our citizens, than to know, that if we are not ]>i-o-
ceedinn- according to the forms of the Constitution, we are, nevertheless,
adheiin<'- to its spirit. The Convention which framed the Constitution,
could not agree upon any mode of settling a dispute like the present. The
case was, therefore, left unprovided for, under the conviction, no doubt, as
is admitted by Mr. Hamilton in " The Federalist," that if tlie Federal Go-
vernment should oppress the states, the State Governments would be
ready to check it, by virtue of their own inherent sovereign powers. " It
may be safely received as an axiom in our iiolitical system (says Mr. Ham-
ilton) that the State Gocernmcnts will in all 2wssihlc contingencies, afford
coMiM.ETE SECURITY against invasion of the public liberty by the natiorutl
authority. Projects of usmyation cannot be masked under j^retences so like-
ly to escape the penetration of select bodies of men, as of the people at
laro-e^Tlic Legislatures will have better means of information. They
can discover the danger at a distance; and, 'possessing all the organs of
CIVIL POWER, and the confide'nce of the people, they can at once adopt a
regular plan of opposition, in which they can comhine all the resources
of the community^
That measure cannot be revolutionary, which' is adopted, not w'wXx a
view to resort to force, but by some decisive measures to call the atten-
tion of the co-states to a disputed question, in such a form as to compel
them to decide ^^•llat are, or are not the rights of the States, in a case of a
palpable and dangerous infraction of those fundamental princijoles of li-
berty, in which they all have an interest.
In the exercise of the right of Nullification, we are not immindful of
the many objections which have been urged against it. That it may em-
barrass the present majority in Congress, who are fatally bent upon build-
ing up the sectional interests of their constituents, upon the ruin of our
commerce, we can readily imagine ; but these embarrassments, on exami-
nation, will be found to proceed rather from an unwillingness, on their
part, to adjust the controversy on principles of reason and justice, than
from any real difficulty existing in the Constitution. The provisions of
the Constitution are ample for taking the sense of the States on a ques-
tion more important than any which has occurred since the formation of
the Government. But if the spirit of justice departs from the councils,
to which we have a right to look up, as the guardians of ])ublic liberty
and the public peace, no provisions of human wisdom can avail. We
have heard much of the danger of suffering one State to impede the ope-
rations of twenty-three states ; but it must be obvious to every consider-
ate man, that the danger can only exist where a State is wrong. If the
people of any one State are riglit in the principles for which they con-
tend, it is desirable that they should impede the operations of Congress,
until the sentiments of its co-states shall be had. A higher eulogy could
not be bestowed upon our system, than the power of resorting to some
consei-\-ative principle, that shall stay a disruption of the league. It is
no argument, to say that a State may have no grounds on which to place
herself upon her sovereign rights. This is a possible, but by no means a
probable case. Experience has given us a most instructive lesson on this
very subject — it has taught us, that the dangei- is not that a State may re-
sort to her sovereign rights too often, but that she will not avail herself of
342 STATUTES AT LAT^G'E
Cr.vvE.vTioN them when necessary. Look, fellow-citizens, to oar State. For ten years
"TsS'i'*'^ we have petitioned and remonstrated against the unconstitutionality of the
Tariff Acts, and though the conviction has been universal, that tlie effects
of the system would he ruinous to our interests, yet the difficulty has
been great, to bring the people to the resisting point.
And so with other objections. It has been maintained by us, that ac-
cording to the philosophy of the government, and the true spirit of the
compact, it becomes Congress in all emergencies like the present, to so-
licit from the states the call of a Convention. Tliat upon such a convo-
cation, it should be incumbent on the states claiming the doubtful pow-
er, to propose an amendment to the Constitution, giving the doubtful
power, and on failui'e to obtain it by a consent of three-fourths of all
the states, to regard the power as never having been intended to be
given. We must not be understood to say, that this was matter even
of implied stipulation, at the formation of the compact. The Constitu-
tion is designedly silent on the subject, on account of the extreme difh-
culty, in the minds of its framei's, of appointing a mode of adjusting these
differences. This difficulty we now discover was imaginary. It had its
source in apprehensions, which an experience of upwards of forty years
has proved to be without the shadow of a foundation. Many of the
sages of that day were dissatisfied with their work, for a reason which is
the very opposite of the truth. They feared, not that the General Go-
vernment would encroach ujion the rights of the states, but that the states
would perpetually be disposed to pass their boundaries of power, and
finally destroy the confederation.
Had they been blessed with the experience which we have acquired,
there could have been no objection to trusting the states, who created
the Government, and who would not wilfully embarrass it, with a veto un-
der certain modifications. It seems but reasonable, that a disputed pow-
er, which it would have required three-fourths of the states to add to the
Constitution, ought not to be insisted on by a majority in Congi'ess, as
impliedly conferred, if more than one-fourth should object to it. To
deny this, would be to decide finally the validity of a power by a posi-
tive majority of the people at large, instead of a concurring majority of
the States. There is, it is true, one objection, and only one, to this view,
and that is, that under this theoiy, a majority little beyond the one-
fourth, as for instance seven states out of twenty-four, might deprive
Congress of powers which have been expressly delegated. The answer
to this is, that it would be a very extreme case for a single State to claim
the resumption of a power which it had clearly delegated in positive
terms. But it seems almost beyond the range of possibility, that six
other states should be found to sustain a nullifying State in such a pre-
tension. Shoidd such a case ever occur, as upwards of one-fourth of
the states resolving to break their pledges, without the slightest pretence,
it would show that it was time to dissolve the league. If a- spirit of
friendship and fair dealing cannot bind together the members of this
Union, the sooner it is dissolved the better. So that this objection is
rather nominal than substantial. But the evil of this objection is that
whilst its admission would relieve us 'from an imaginary peril, we
should be plunged into that certain danger of an unrestricted liberty
of Congress to give us, instead of a confederated government, a go-
vernment without any other limitation upon its power than the will of
a ma-jority.
Other objections have been urged against Nullification. It is said that
the President or Congress might employ the military and naval force of
OF SOUTH CAROLINA. 343
ihe United States to reduce the nullifying state into o])ediencc, and thus ^'^J^J^^JJ"^
produce a civil dissention amongst the mem])crs of the ronfbdcracy. We ^g^j,'
do not deem it necessary, in a commiuiity so conversant willi this part
of the subject as that of South Carolina, to recapitulate the arguments
which have been urged against such an improbable course, both for want
of power, and on the ground of expediency. But we cannot ])ass over
one view, which we think suflicient to quiet all apprehension on that
score. We live in an age of reason and intellect. The idea of using
force on an occasion of this kind, is utterly at variance with the genius
and spirit of the American people. In truth, it is becoming repugnant
even to the genius and spirit of the governments of the old world. We
have lately seen in England one of the gi-eatest reforms achieved, which
her history records — a reform which her wisest statesmen twenty years
ago, would have predicted could nut be accom])lished without civil war,
brought about by a bloodless revolution. The cause is manifest. Not
only are the people every where better informed, but such is the influ-
ence which public opinion exerts over constituted authorities, that the
rulers of this eaith are more swayed by reason and justice than formerly.
Under such evident indications of the march of mmd and intellect, it
would be to pay but a poor compliment to the people of these states, to
imagine that a measure taken by a Sovereign State, Avith the most per-
fect good feeling to her confederates, and to the perpetuity of the Union,
and with no other view than to force upon its members the considera-
tion of a most important constitutional question, should temiinate other-
wise than peaceably.
Fellow-citizens, it is our honest and firm belief, that nullification will
preserve, and not destroy, this Union. But we should regret to conceal
from you that if Congress should not be animated with a patriotic and
liberal feeling in this conjuncture, they can give to this controversy what
issue they please. Admit, then, that there is risk of a serious conflict
with the federal government. We know no better way to avoid the
chance o'f hostile measures in our opponents, than to evince a readiness
to meet danger, come from what quarter it will. We should think that
the American Revolution was indeed to little purpose, if a consideration
of this kind were to deter our people from asserting their sovereign
rights. That revolution, it is well known, was not entered into by
our Southern ancestors from any actual oppression, which the people
suffered. It was a contest waged for principle, emphatically for piinci-
ple. The calamities of revolution, strife, and civil war, were fairly pre-
sented to the illustrious patriots of those times, which tried the souls of
men. The alternative was either to remain dependent colonies in hope-
less ser\-itude, or to become free, sovereign and independent states — To
attain such a distinguished rank amongst the nations of the earth, there
was but one path, and that the path of glory — the crowning glory of being
accounted worthy of all suffering, and of embracing all the calamities of
a protracted war abroad, and of domestic evils at home, rather than to
surrender their liberties. The result of their labors is known to the
world, through tlie flood of light which that revolution has shed upon
the science of government, and the rights of man — in the " LESSON
it has taught the oppresor, and in the example it has aflorded to the
oppressed" — in the invigoration of the spirit of freedom every
where, and in the amelioration it is producing in the social order of
mankind.
Inestimable are the blessings of that well regulated freedom which per-
mits man to direct his labors and his entcrprize to the pursuit or branch
311 STATUTES AT LARGE
Convention of industry for wliicli he conceives nature has qualified him, unmolested
l8'S-i. ^'' ^^y avarice entlironed in power. Such was the freedom for which South
Carolina struggled when a dependent colony. Such is the freedom of
which she once tasted as the first fruit of that revolutionary triumph Avhich
she assisted to achieve. Such is the freedom she i-eserved to herself on
entering into the league. Such is the freedom of which she has been de-
jjrived, and to which she must be restored, if her commerce be worth
preserving, or the spirit of her Laurens and her Gadsden has not fled
forever from our bosoms. It is in vain to tell South Carolina that she can
look to any administration of the federal government for the protection of
her sovereign rights, or the redress of her southern wrongs. Where the
fountain is so polluted, it is not to be expected that the stream will again
be pure. The protection to wliich in all repi'esentative governments the
people have been accustomed to look, to wit, the responsibility of the go-
vernors to the governed, has proved nerveless and illusory — under such a
system, nothing but a radical reform in our political institutions can pre-
sers'e this Union. It is full time that we should know what rights we
have under the federal^ constitution, and more especially ought we to
know whether we are to live iinder a consolidated government, or a con-
federacy of states — whether the states be sovereign, or their local Legis-
latures be mere corporations. A fresh understanding of the bargain
we deem absolutely necessary. No mode can be devised by which a
dispute can be referred to the source of all power, but by some one state
taking the lead in the great enterprize of reform. Till some one South-
ern State tenders to the Federal Government an issue, it will continue to
have its " appetite increased by what it feeds on." History admonish-
es us that rulers never have the forecast to substitute in good time re-
form for revolution. They forget that it is always more desirable that
the just claims of the governed should break in on them " through well
contrived and well disposed windows, not through flaws and breaches,
through the yawning chasm of their own rain." One State must, under
the awful prospects before us, throw herself into the breach in this great
struggle for constitutional freedom. There is no other mode of awaken-
ing the attention of the co-states to grievances which if suffered to accu-
mulate must dismember the Union. It has fallen to our lot, fellow-citi-
zens, first to quit our trenches. Let us go on to the assault with cheer-
ful hearts and undaunted minds.
Fellow-citizens, the die is now cast. We have solemnly resolved on
the course which it becomes our beloved State to pursue — we have re-
solved that until, these abuses shall be reformed, NO MORE TAXES
SHALL BE PAID HERE. " Millions for defence, but not a cent for
tribute." And now we call upon our citizens, native and adopted, to
prepare for the crisis, and to meet it as becomes men and freemen. We
call upon all classes and parties to forget their former differences, and to
imite in a solemn determination never to abandon this contest until such
a change be effected in the councils of the nation, that all the citizens of
this confederacy shall participate equally in the benefits and the burthens
of the government. To this solemn duty we now invoke you, in the
name of all that is sacred and valuable to man. We invoke you in the
name of that liberty which has been acquired by you from an illustrious
ancestry, and which it is your duty to transmit unimpaired to the most
distant generations. We invoke you in the name of that Constitution
which you profess to venerate,, and of that Union which you are all desi-
rous to perpetuate. By the reverence you bear to these your institutions —
by all the love you bear to liberty ; by the detestation you have for ser-
OF SOUTH CAROLINA. 345
vitutlc — by all the abiding memorials of your past glories — by the proud Convention
association of your exalted and your common tiiumphs in the first and ' ^^^^i
greatest of our revolutions; by the force of all those subliini; truths which tliat
event has inculcated amongst the nations — by the noble llrime of repubU-
can enthusiasm which warms your bosoms — we conjure you in this mighty
struggle to give your hearts and souls and minds to your injured and op-
pressed .State, and to sujaport her cause publicly and privately, with your
opinions, your pi'ayei's, and your actions. If appeals such as these prove '
unavailing, we then COMMAND YOUR OIjEDTENCE to the laws
and the authorities of the State, by a title which none can gain-say. We
demand it by that Allegiance, which is recijirocal with the prr)tection you
have received from the .State. We admit of no obedience to any autho-
rity, which shall conllict with that primary allegiance, which every citi-
zen owes to the State of his birth or his adoption. There is not, nor has
there ever been, " any direct or ImmeiViate allegiance between the citizens
of South Carolina and the Federal Government. The relation l)etween
them is through the State." South Carolina having entered into the con-
stitutional compact, as a separate, indejiendent, political community, as
has already been stated, has the right to declare an unconstitutional act of
Congress, null and void — After her sovereign declaration that the act shall
not be enforced within her limits, " such a declaration is obligatory on her
citizens. As far as its citizens are concerned, the clear right of the State
is to declare the extent of the obligation." This declaration once made,
the citizen has no course, but TO OJyRlY. If he refuses obedience, so as
to brintr himself under the displeasure of his only and lawful sovereign,
and within the severe pains and penalties, which by her high sovereign
power the Legislature w'ill not fail to provide in her self-defence, the fault
and the folly must be his own.
And now, fellow-citizens, having discharged the solemn duty to which
we have been summoned, in a crisis big w'ith the most important results
to the liberties, peace, safety, and happiness of this once harmonious but
now distracted confedei'acy, we commend our cause to that great Dispo-
ser of events, who (if he has not already for some inscrutable purposes
of his own, decreed otherwise) will smile on the eftbrts of truth and jus-
tice. We know that *' unless the Lord keepeth the city, the watchman
waketh but in vain;" but relying, as we do, in this controversy, on the
purity of our motives and the honor of our ends, we make this appeal with
all the confidence, which in times of trial and difhculty, ought to inspire
the breast of the patriot and the clnistian. Fellow-citizens, DO YOUR
DUTY TO YOUR COUNTRY, AND LEAVE THE CONSEQUEN-
CES TO GOD.
VOL. L— 44.
346 STATUTES AT LARGE
ADDRESS,
To the People of Ma.imchusetts, Virginia, New Yor/c, Permsylvrmia, North
Carolina, Maryland, Connecticut, Vcrviont, New Hampshire, 3Iai?ie,
Neiv JevHcy, Georgia, Delaware, Rhode Island, Kentucky, Tetmcs-
see, Ohio, Louisiana, Indiana., Mississip2)l, Ininois, Alahaina and
Missouri.
We, the People of South Carolina, assembled in Convention, have
solemnly and deliberately declared, in our paramount sovereign capacity,
that the act of Congress approved the 19th day of May 1828, and the act
approved the 14th July 1832, altering and amending the several acts
imposing duties on imports, are unconstitutional, and therefore absolute-
ly void, and of no binding force w^ithin the limits of this State;
and for the purpose of cari-ying this declaration into full and complete
effect, we have invested the legislature with ample powers, and
made it the duty of all the functionaries and all the citizens of
the State, on their allegiance, to co-operate in enforcing the aforesaid
declaration.
In resorting to this im|)ortaiit measure, to which we have been impelled
by the most sacred of all duties which a free people can owe, either to the
memory of their ancestors or to the claims of their posterity, we feel that
it is due to the intimate political relation which exists between South
Carolina and the other states of this confederacy, that we should present
a clear and distinct exposition of the jirinciples on which we have acted,
and of the causes by which we have been reluctantly constrained to
assume this attitude of sovereign resistance in relation to the usurpa-
tions of the Federal Government.
For this purpose, it will be necessary to state, briefly, what we
conceive to be the relation created by the Federal Constitution, be-
tween the states and the General Government; and also what we
conceive to be the true character and practical operation of the
system of pi'otecting duties, as it effects our rights, our interests and
our liberties.
We hold, then, that on their separation from the Cro\\ai,of GreatBritain,
the several colonies became free and independent States, each enjoying
the separate and independent right of self goverament ; and that no
authority can be exercised over them or within their limits, but by their
consent, respectively given as states. It is equally true, that the Constitu-
tion of the United States is a compact formed between the several states,
acting as sovereign communites ; that the government created by it is a
joint agency of the states, appointed to execute the powers enumerated
and gi anted by that instrument ; that all its acts not intentionally author-
OF SOTTTH CAT?()LfNA. 347
izeil are of themselves essentially null and void; ;uid that the states
have the rii>ht, in the same sovereii^n (•a|)ac;ity in which they adopted
the Pedeial C.onstitution, to pronounce in the last resort, anthoritalive
judgment on the usiu]>ations of the Federal Government, and t(; adopt
.such measures as they may deem necessary and expedient to arrest the
operation of the nnconstitutional acts of that CJovernment, within their
respective limits. Such we deem to he the inherent rights of the states;
rights, in the very nature of things, absolutely insejjarable from
sovereignty. Nor is the duty of a State, to aiTCSt an unconstitutional
and oj)prcssive act of the Federal Government, less imperative, than the
right is incontestible. Each State, by ratifying the Federal Constitution,
and becoming a member of the confederacy, contracted an obligation to
" protect and defend" that instrument, as well by resisting the usurpa-
tions of the Federal Government, as by sustaining that government in
the exercise of the powers actually conferred upon it. And the obliga-
tion of the oath which is imposed, under the Canstitution, on every
functionary of the states, to " preserve, protect and defend" the Federal
Constitution, as clearly comprehends the duty of protecting and defend-
ing it against the usurpations of the Federal Government, as that of
protecting and defending it against violation in any other form or from
any other quarter.
It is true, that in ratifying the Federal Constitution, the states placed
a large and important portion of the rights of their citizens under the
joint ]n-otection of all the States, with a view to their more effectual secu-
rity ; but it is not less true, that they reserved a portion still larger and
not- less important under their own immediate guardianship, and. in
relation to which their original obligation to protect their citizens,
from whatever quarter assailed, remains unchanged and undimin-
ished.
But clear and undoubted as we regai'd the right, and sacred as we
regard the duty of the states to interpose their sovereign power, for the
purpose of protecting their citizens from the unconstitutional and op-
pressive acts of the Federal Government, yet we are as clearly of the
opinion, that nothing short of that high moral and political necessity,
which results from acts of usurpation, subversive of the rights and liber-
ties of the peo])le, should induce a member of this confederacy
to resort to this interposition. Such, however, is the melancholy and
painful necessity under which we have declared the acts of Congress
imposing protecting duties, null and void within the limits of South
Carolina. The spirit and the jjrinciplcs which animated your ancestors
and ours in the councils and in the fields of their common glory, forbid,
us to submit any longer to a system of Legislation now become the
established policy of the Federal Government, by which we are reduced
to a condition of colonial vassalage, in all its aspects more oppressive
and intolerable than that from which our common ancestors relieved
themselves by the war of the revolution. There is no right which enters
more essentially into a just conception of liberty, than that of the free
and unrestricted use of the productions of our industry wherever they
can be most advantageously exchanged, whether in foreign or domestic
markets. South Carolina ])roduces, almost exclusively, agricultural
staples, which derive their principal value from the demand for them in
foreign countries. Under these circumstances, her natural markets are
abroad ; and restiictive duties imposed upon her intercourse with those
markets, diminish the exchangeable value of her productions very nearly
to the full extent of those duties.
348 STATUTES AT LARGE
Under a system of free trade, the aggregate crop of South Carolina
could be exchanged for a larger quantity of manufactures, by at least one
third, than it can be now exchanged for under the protecting system.
It is no less evident, that the value of that crop is diminished by the
protecting system very nearly, if not precisely, to the extent that the
aggregate quantity of manufactures which can be obtained for it, is
diminished. It is, indeed, strictly philosophically true, that the quantity
of consumable commodities which can be obtained for the cotton and
rice annually produced by the industry of the State, is the precise
measure of their aggregate value. But for the prevalent and habitual
error of confounding the money price with the exchangeable value of
our agricultural staples, these propositions would be regarded as self
evident. If the protecting duties were repealed, one hundred bales of
cotton or one hundred barrels of rice would purchase as large a quantity
of manufactures, as one hundred and fifty will now purchase. The
annual income of the State, its means of purchasing and consuming the
necessaries and comforts and luxuries of life, would be increased in
a corresponding degree.
Almost the entire crop of South Carolina, amounting annually to more
than six millions of dollars, is ultimately exchanged either for foreign
manufactures, subject to protecting duties, or for similar domestic manu-
factures. The natural value of the crop would be all the manufactures
which we could obtain for it, under a system of unrestricted commerce.
The artijicial- value, produced by the unjust and unconstitutional
Legislation of Congress, is only such part of those manufactures as will
remain after paying a duty of fifty per cent to the Government, or, to
speak with more precision, to the Northern manufacturers. To make
this obvious to the humblest comprehension, let it be supposed that the
whole of the present crop should be exchanged, by the planters them-
selves, for those foreign manufactures, for which it is destined, by the
inevitable course of trade, to be ultimately exchanged, either by them-
selves or their agents. Let it be also assumed, in conformity with the
facts of the case, that New Jersey, for example, produces, of the very
same descrij)tion of manufactures, a quantity equal to that which is
purchased by the cotton crop of South Carolina. We have, then, two
States of the same confederacy, boijnd to bear an equal share of the
burthens, and entitled to enjoy an equal share of the benefits of the com-
mon government, with precisely the same quantity of productions, of the
same quality and kind, produced by their lawful industry. We appeal
to your candor, and to your sense of justice, to say whether South Caro-
lina has not a title as sacred and indefeasable, to the full and undimin-
ished enjoyment of these productions of her industry, acquired by the
combined operations of agriculture and commerce, as New Jersey can
have to the like enjoyment of similar productions of her industry,
acquired by the process of manufacture'? Upon no principle of human
reason or justice, can any discrimination be drawn between the titles of
South Carolina and New .Jersey to these productions of their capital
and labor. Yet what is the discrimination actually made by the unjust,
unconstitutional and partial Legislation of Congress"? A duty, on an
average, of fifty per cent, is imposed upon the productions of South
Carolina, while no duty at all is imposed upon the similar productions
of New Jersey ! The inevitable result is, that the manufactures thus
lawfully acquired by the honest industry of South Carolina, are worth,
annually, three millions of dollars less to her citizens, than the very same
quantity of the very same description of manufactures are worth to the
OF SOUTH CAROLINA. 340
citizens of" New Jersey — a dinerence of value inoduced exclusively by ^'onvkntiom
the operation oi the protecting system. ^-j.^
No ingenuity can eitliei evade or refute this ])ropositinn. Tlio very
axioms of geometry are not more self evident. For even if the planters
of South Carolina, in the case supposed, were to sell and not consume
thes(? ])roductions of their industry, it is plain that they could obtain no
higher piaco for them, after paying duties to the amount of 83,000,000,
than the mamifacturers of New .Jersey would obtain for the snme
quantity of the same kind of manufactures, without paying any duty
at all.
This single view of the subject exhibits the enormous inequality and
injustice of the protecting system, in such a light, that we feel the most
consoling confidence that we shall be fully justified by the impartial
judgment of posterity, whatever may be the issue of this unhappy con-
troversy. We confidently appeal to our confederate states, and to the
whole world, to decide whether the aimals of human Legislation furnish
a parallel instance of injustice and oppression, perpetrated under the
forms of a free Government. However it may be disguised, by the
complexity of the process by which it is effected, it is nothing less than
the monstrous outrage of taking three millions of dollars annually, from
the value of the productions of South Carolina, and transferring it to the
people of other and distant communities. No human Government can
rightfully exercise such a power. It violates the eternal principles of
natural justice, and converts the Government into a mere instrument of
legislative plunder. Of all the Governments on the face of the earth,
the Federal Government has the least shadow of a constitutional right
to exercise such a pqwer. It'was created principally, and almost exclu-
sively, for the purpose of pi'otecting, imjaroving and extending that very
commerce, which, for the last ten years, all its powers have been most
unnaturally and unrighteously perverted to cripple and destroy. The
power to " regulate conlmerce with foreign nations," was granted obvi-
ously for the preservation of that commerce. The most important of all
duties which the Federal Government owes to South Carolina, under
the compact of LTnion, is the protection and defence of her foi'eign com-
merce, against all the enemies by whom it may be assailed. And in what
manner has this duty been discharged ? All the powers of the earth, by
their commercial restrictions, and all the pirates of the ocean, by their
lawless violence, could not have done so much to destroy our commerce,
as has been done by that very Government to which its guardianship has
been committed by the Federal Constitution. The commerce of South
Carolina consists in exchanging the staple productions of her soil, for the
manufactures of Europe. It is a lawful commerce. It violates the rights
of no class of people in any portion of the confederacy. It is this very
commerce, therefore, which the Constitution has enjoined it upon Con-
gress to encourage, protect and defend, by such regulations as may be
necessary to accomplish that object. But instead of that protection,
which is the only tic of our allegiance, as individual citizens, to the Federal
Government, we have seen a gigantic system of restrictions gradually
reared up, and at length, brought to a fatal maturity, of which it is the
avowed object, and must be the inevitable result, to sweep our com-
merce from the great highway of nations, and cover our land \vith
poverty and ruin.
Even the states most deeply interested in tht> maintenance of the pro-
tecting system, will admit that it is the interest of South Carolina to cany
on a commerce of exclianges with foreign countries free from restrictions,
350 STATUTES AT LARGE
Convention prohibitory burthens, or incumbrances of any kind. We feel, and we
know, that the vital interests oi the State, are involved in such a com-
merce. It woukl be a downright insuk to our understandings, to tell us
that our interests are not injured, deeply injured, by those prohibitory du-
ties, intended and calculated to prevent us from obtaining the cheap
manufactures of foreign countries for our staples, and to compel us to
receive for them the dear manufactures of our domestic establishments,
or pay the penalty of the protecting duties for daring to exercise one of
the most saci'ed of our natural rights. What right, then, human or divine,
have the manufacturing states — for we regard tke Federal Government
as a mere instrument in their hands — to prohibit South Carolina, directly
or indirectly, from going to her natural mai'kets, and exchanging the rich
productions of her soil, without restriction or incumbrance, for such foi'eign
articles as will most conduce to the wealth and prosperity of her citi-
zens 1 It will not surely be pretended — for truth and decency equally
forbid the allegation — that in exchanging our productions for the cheaper
manufactures of Europe, we violate any right of the domestic manufac-
turers, however gratifying it might be to them, if we would purchase
their inferior productions at higher prices.
Upon what principle, then, can the State of South Carolina be called
upon to submit to a system, which excludes her from her natural markets,
and the manifold benefits of that enriching commerce which a kind and
beneficent Providence has provided to connect her with the family of
nations, by the bonds of mutual interest 1 But one answer can be given
to this question. It is in vain to attempt to disguise the fact, mortifying
as it must be, that the principle by which South Carolina is thus exclu-
ded, is in strict propriety of language, and to all rational intents and pur-
poses, a principle of colonial dependence and vassalage, in all respects
identical with that which restrained our forefathers from trading with
any manufacturing nation of Eui-ope, other than Great Britain. South
Carolina now bears the same relation to the manufacturing states of this
Confederacy, that the Anglo-Ainerican colonies bore to the mother coun-
try, with the single exception, that our burthens are incomparably more
oppressive than those of our ancestors. Our time, our pride, and the oc-
casion, equally forbid us to trace out the degrading analogy. We leave
that to the historian who shall record the judgement which an impartial
posterity will pronounce upon the eventful transactions of this day.
It is in vain that we attempt to console ourselves by the empty and un-
real mockery of our representation in Congr-ess. As to all those great
and vital interests of the State which are effected by the protecting sys-
tem, it would be better that she had no representation in that body. It
serves no other purpose but to conceal the chains which fetter our liber-
ties, under the vain and empty forms of a representative Government.
In the enactment of the protecting system, the majority of Congress is,
in strict propriety of speech, an in-esponsible desjiotism. A veiy brief
analysis will render this clear to every undei\standing. What, then, we
ask, is involved in the idea of political responsibility, in the imjsosition of
jDublic burthens'? It clearly implies that those who impose the burthens,
should be responsible to those who bear them. Every representative
in Congress should be responsible, not only to his own immediate con-
stituents, but through them and their common participation in the bur-
thens imposed, to the constituents of every other representative. If,
in the enactment of a protecting tariff, the majority in Congress im-
posed upon theii- own constituents the same burthens which they impose
upon the people of South Carolina, that majority would act under
OF SOUTH CAROLINA. 351
all the restraints of jioliticul responsibility, and wc should have the best Convkntion
security which luunau wisdom has yet devised against oppressive legis- {g^^''^**
lation.
But the fact is precisely the reverse of this. The majority in Congress,
in imposing protecting duties, which arc utterly destructive of ihe inter-
ests of South Carolina, not only impose no burthens, but actually confer
enriching bounties upon their constituents, proportioned to the burthens
they impose upon us. Under these circumstances, the principle of repre-
sentative responsibility is perverted into a principle of al)solute despotism.
It is this very tie, binding the majority of Congress to execute the will
of their constituents, which makes them our inexorable oppressors. They
dare not open their hearts to the sentiments of human justice, or to the
feelings of human sympathy. They are tyrants by the very necessity of
their position, however elevated may be their principles, in their individual
caj^acities.
The grave question, then, which we have had to determine, as the
Sovereign Power of the State, upon the awful responsibility under which
we have acted, is, whether we will voluntarily surrender the glorious
inheritance, purchased and consecrated by the toils, the sufferings and
the blood of an illustrious ancestry, or transmit that iidieritance to our
posterity, untarnished and undiminished. We could not hesitate in de-
ciding this question. ^\'^e have, therefore, deliberately and unalterably,
resolved, that we will no longer submit to a system of oppression, which
reduces us to the degrading condition of tributary vassals ; and which
woidd reduce our posterity, in a few generations, to a state of poverty
and wretchedness, that would stand in melancholy contrast with the beau-
tiful and delightful region, in which the Providence of God has cast our
destinies.
Having formed this i-esolution, with a full view of all its bearhigs, and
of all its probable and possible issues, it is due to the gra^^ty of the sub-
ject, and the solemnity of the occasion, that we should speak to our con-
federate brethren, in the plain language of frankness and truth. Though
we plant ourselves upon the Constitution, and the immutable principles
of justice, and intend to operate exclusively through the civil tribunals
and civil functionaries of the State ; yet, we 7vill throw oft" this oppression,
at etwn/ hazard. We believe our remedy to be essentially peaceful. We
believe the Federal Government has no shadow of right or authority, to
act against a sovereign State of the Confederacy, in any fomi, much less
to coerce it by military power. But we are aware of the diversities of
human opinion, and have seen too many proofs of the infatuation of hu-
man power, not to have looked, with the most anxious concern, to the pos-
sibility of a resort to military or naval force on the part of the Federal
Goveniment — and in order to obviate the possibility of having the histo-
ry of this contest stained by a single drop of fraternal blood, we have
solemnly and irrevocably resolved, that we will regard such a resort as a
dissolution of the political ties which connect us with our confederate
states ; and will, forth^^'ith, i)rovide for the oro;anization uf a new and
separate Government.
We implore you, and particularly the mauulacturing states, not to be-
lieve that we have been actuated, in adopting this- resolution, by any
feeling of resentment or hostility towards them ; or by a desire to dis-
solve the political bonds which have so long rmited our common desti-
nies. We still cherish that rational devotion to the Union, by which
this State has been pi-e-eminmtly distinguished in all times past. But
that blind and idolatrous devotion, which would bow down and worship
352 , STATUTES AT LARGE
T')°:"!,\f,'^T.'nfo^ Oppression and Tyranny, veiled under that consecrated title — if it ever
existed amongst us — has now vanished forever. Constitutional Liber-
ty is the only idol of our political devotion ; and, to presers'e that, we w^ill
not hesitate a single moment to suriender the Union itself, if the sacn-
fice be necessary. If it had pleased God to cover our eyes with iono-
rance — if he had not bestowed upon us the understanding to compre-
hend the enormity of the oppression under Avhich we labor — we might
submit to it without absolute degrada ion and infamy. But the gifts of
Providence cannot be neglected, or abused, with impunity. A people,
who deliberately submit to oppression, with a full knowledge that they
are oppressed, are fit only to be slaves; and all history proves that such
a people will soon find a master. It is the pre-exisling spirit of slavery,
in the peojile, that has made tyrants in all ages of the world. No
tyrant ever made a slave — no community, however small, having the
spirit of freemen, ever yet had a master. The most illustrious of those
states which have given to the world examples of hum.an freedom, have
occupied territories not larger than some of the districts of South Caro-
lina ; while the largest masses of population that were ever united under
a common Government, have been the abject, spiritless and degraded
slaves of despotic rulers. We sincerely hope, therefore, that no portion
of the states of this Confederacy will permit themselves to be deluded
into any measures of rashness, by the vain imagination that South Caro-
lina will vindicate her rights and liberties, with a less inflexible and un-
faltering i-esolution, with a population of some half a million, than she
would do with a population of twenty inillions.
It does not belong to freemen to count the costs, and calculate the
hazards of vindicating their rights, and defending their liberties ; and
even if we should stand alone in the woi'st possible emergency of this
gi'eat .controversy, without the co-operation or encouiagement of a
single State of the confederacy, we will march forward with an un-
faultering step, until we have accomplished the object of this great en-
terprise.
Having now presented, for the consideration of the Federal Govern-
ment and our confederate states, the fixed and final determination of
this State, in relation to the protecting system, it remains for us to sub-
mit a plan of taxation, in which we would be Avilling to acquiesce, in a
spirit of liberal concession, provided we are met in due time, and in a
becoming spii'it, by the states interested in the protection of manufac-
tures.
We believe, that upon every just and equitable principle of taxation,
the whole list of protected articles should be imported free of all duty,
and that the revenue derived from import duties, should be raised exclu-
sively from the unprotected articles ; or that whenever a duty is imposed
upon protected articles imported, an excise duty of the same rate, should
be imposed upon all similar articles manufactured in the United States.
This would be as near an apj^roach to perfect equality as could possi-
bly be made, in a system of indirect taxation. No substantial reason
can be given for subjecting manufactures, obtained from abroad, in ex-
change for the productions of South Carolina, to the smallest duty, even
for revenue, which would not show that similar manufactures made in
the United States, should be subject to the very same rate of duty. The
former, not less than the latter, are, to every rational intent, the produc-
tions of domestic industry, and the mode of acquiring the one, is as law-
ful and more conducive to the public prosperity, than that of acquiring
the other.
OF SOUTH CAROLINA. 3o3
But we ai*e willing to make a hiigc offering to preserve the Union ; Cowention
and with a distinct declaration that it is a concession on our part, we '"^iVa-I^"'^*
will consicnt that the same rate oi" duty may be imposed upon the pro- v ^^-v-^^^
tectud articles that shall be imposed upon the unj)rotected, provided
that no more revenue bo raised than is necessary to meet the de-
mands of" the Government for Constitutional purposes ; and provided
also, that a duty, substantially uniform, be imposed upon all foreign im-
ports.
It is obvious, that even under this arrangement, the manufacturing states
would have a decided advantage over the planting states. For it is demon-
strably evident that, as communities, the manufacturing states would bear
no part of tlie burthens of Federal Taxation, so far as the revenue should
be derived from protected articles. The earnestness with which their
representatives seek to increase the duties on these articles, is conclusive
proof that those duties are bounties, and not burthens, to their constitu-
ents. As at least two-thirds of the federal revenue would be raised fi'om
protected articles, under the propf)sed modification of the Tariff, the manu-
facturing states would be entirely exempted from all participation in .hat
proportion of the public burthens.
Under these circumstances, we cannot permit ouiselves to believe,
for a moment, that in a crisis marked by such portentous and fearful
omens, those states can hesitate in acceding to this- arrangement, when
they perceive that it will be the means, and possibly the only means, of
restoring the broken harmony of this great confederacy. They, most
assuredly, have the strongest of human inducements, aside from all con-
siderations of justice, to adjust this controvery, without pushing it to ex-
tremities. This can be accomplished only by the proposed modification
of the Tariff, or by the call of a general Convention of all the states.
If South Carolina should be driven out of the Union, all the other
planting States, and some of the Western States, would follow by an
almost absolute necessity. Can it be believed that Georgia, Mississip-
pi, Tennessee, and even Kentucky, would continue to pay a tribute of fif-
ty per cent, upon their consumption, to the Northern States, foi the ])ri-
vilege of being united to them, when they could receive all their supplies
through the ports of South Carolina, without paying a single cent of
tribute 1
The separation of South Carolina would inevitably produce a general
dissolution of the Union ; and as a necessary consequence, the protecting
system, with all its pecuniary bounties to the Northern Stales, and its pe-
cuniary burthens upon the Southern States, would be utterly overthrown
and demolished, involving the ruin of thousands and hundreds of thou-
sands in the manufacturing States.
By these pov/erful considerations connected with their own pecuniary
interests, we beseech them to pause and contemplate the disastrous con-
sequences which will certainly result from an obstinate perseverance on
their part, in maintaining the protecting system. AVith them, it is a ques-
tion merely of pecuniary interest, connected with no shadow of right,
and involving no principle of liberty. With us, it is a question involving
our most sacred rights — those very rights which our common ancestors
left to us as a common inheritance, purchased by their common toils, and
consecrated by their blood. It is a question of liberty on the one hand, and
slavery on the other. If we submit to this system of unconstitutional op-
pression, we shall voluntarily sink into slavery, and transmit that ignomi-
nious inheritance to our children. We will not, we cannot, we dare not,
submit to this degradation ; and our resolve is fixed and unalterable, that
VOL. I.— 45.
354 STATUTES AT LARGE
Convention a, protecting tariff shall be no longer enforced within the limits of Sou'h
Carolina. We stand upon the principles of everlasting justice, and no
human power shall drive us from our position.
We have not the slightest apprehension that the General Government
will attempt to force this system upon us by military power. We have
warned our brethren of the consequences of such an attempt. But if,
notwithstanding, such a course of madness should be pursued, we here
solemnly declare, that this system of oppression shall never prevail in
South Carolina, until none but slaves are left to submit to it. We
would infinitely prefer that the territory of the State should be the ce-
metery of freemen, than the habitation of slaves. Actuated by these
principles, and animated by these sentiments, we will cling to the pil-
lars of the temple our liberties, and if it must fall, we will perish amidst
the ruins.
OF SOUTH CAROLINA. 355
RESOLUTIONS
RESPECTING THE PROCLAMATION OF THE PRESIDENT OF THE UNITED
STATES.
Adopted, December 17, 1832.
(See Pamphlet Laws, Reports and Resolutions of 1832, p. 37. J
In the House of Uepresentatives, December 17, 1832.
WJicreas, The President of the United States has issued his procla-
mation, denouncing the proceedings of this State, calling upon the
citizens to renounce their primary allegiance, and threatening them with
military coercion, unwarranted by the Constitution, and utterly inconsis-
tent with the existence of a fi"ee State; be it therefore,
Resolved, That his Excellency the Governor be requested, forthwith,
to issue his proclamation, warning the good people of this State against
the attempt of the President of the United States to seduce them from
their allegiance, exhorting them to disregard his vain menaces, and to
be prepared to sustain the dignity, and pi'otect the liberty of the State,
against the arbitrary measures proposed by the President.
Resolved, That the House do agree to the preamble and resolution.
Ordered, that it be sent to the Senate for their concurrence.
By order of the House.
R. ANDERSON, C. H. R.
In the Senate, December 17, 1832.
Resolved, That Senate do concur. Ordered to be returned to the
House of Representatives. By order of Senate.
JACOB WARLEY, C. S.
356 STATUTES AT LARGE
REPORT
OF THE COMMITTEE ON FEDERAL RELATIONS.
December 20, 1832.
(See PamjMet Laivs, Reports and Resolutions of 1832, p. 29.J
In the House of Representatives, December 20, 1832.
The committee on federal relations, to which was referred the procla-
mation of ihe President of the United States, have had it under
consideration, and recommend the adoption of the following resolutions:
Resolved, That the power vested by the constitution and laws in the
President of the United States, to issue his proclamation, does not
authorize him, in that mode, to interfere, whenever he may think fit, in
the affairs of the respective states, or that he should use it as a means of
promulgating executive expositions of the Constitution, with the sanc-
tion of force, thus superceding the action of the other departments of
the General Government.
Resolved, That it is not competent to the President of the United
States, to order by proclamation the constituted authorities of a State to
repeal their legislation ; and that the late attempt of the President to
do so, is unconstitutional, and manifests a disposition to arrogate and
exercise a power utterly destructive of liberty.
Resolved, That the opinions of the President, in regard to the rights
of the states, are erroneous and dangerous, leading not only to the
establishment of a consolidated government in the stead of our free
confederacy, but to the concentration of all power in the chief
executive.
Resolved, That the proclamation of the President is the more ex-
traordinary, that he has silently, and as it supposed with entire appro-
bation, witnessed our sister state of Georgia avow, act upon, and carry
into effect, even to the taking of life, principles identical with those
now denounced by him in South Carolina.
Resolved, That each State of this Union has the right, whenever it
may deem such a course necessary for the preservation of its liberties
or vital interests, to secede peaceably from the Union ; and that there
is no constitutional power in the General Government, much less in
the executive department of that government, to retain by foi'ce such
state in the Union.
Resolved, That the primary and paramount allegiance of the
citizens of this state, native or adopted, is of right due to this state.
Resolved, That the declaration of the President of the United States,
in his said proclamation, of his personal feelings and relations towards
OF SOUTH CAROLINA. 357
the State of South Carolina, is rather an appeal to the loyaky of .subjects, Rksolutions
than to the patiiotism ot" citizens, and is a blending ol" otllcial and indi- j^j-fj,gLATURK.
vidual character, heretofore unknown in our state papers, and revolting to IS^ti.
our conceptions of jiolitical propiiety.
Resolred, That the undisguised indtdgence of personal lujstility
in the said proclamation, would be unworthy the animadversion of this
legishiture, but for the solemn and official form of the instrument which
is made its vehicle.
llcsol red , That the [)rinciple.s, doctrines and purposes, contained in
the said proclamation, are inconsistent with any just idea of a limited
government, and subversive of the rights of the States and liberties of
the people, and if submitted to in silence would lay a broad foundation
for the establishment of monarchy.
Resolved, That while this Legislature has witnessed with sorrow
such a relaxation <^f the spirit of our institutions, that a President of the
United Stales dare venture upon this highhanded measure, it regards
with indignation the menaces which are directed against it, and the
concentration of a standing army on our borders — that the State will
repel force by force, and, relying upon the blessing of God, will main-
tain its liberty at all hazards.
Resolved, That copies of these resolutions be sent to our members in
Congress, to be laid before that body.
Resolved, That the House do agree to the report. Ordered, that it
be sent to Senate for concuiTence. By order of the House.
R. ANDERSON, C. H. R.
In the Senate, December 20, 1832.
Resolved, That Senate do concur. Ordered to be returned to the
House of Representatives. By order of the Senate.
JACOB WARLEY, C. S.
358 STATUTES AT LARGE
PROCLAMATION, BY THE GOVERNOR OF SOUTH CARO-
LINA.
December 21, 1832.
Whereas, the President of the United States hath issued his Procla-
mation concerning an " Ordinance of the People of South Carolina,
to nullify certain acts of the Congress of the United States," laying "du-
ties and imposts for the protection of domestic manufactuies :"
And whereas, the Legislature of South Carolina, now in session, taking
into consideration the matters contained in the said Proclamation of the
President, have adopted a Preamble and Resolution to the following
effect, viz.
" Whereas, the President of the United States has issued his Procla-
mation, denouncing the proceedings of this State, calling upon the citizens
thereof to renounce their primary allegiance, and threatening them with
military coercion, unwarranted by the Constitution, and utterly inconsis-
tent with the existence of a free State ; be it therefore.
Resolved, That His Excellency the Governor be requested, forthwith,
to issue his Proclamation, warning the good people of this State against
the attempt of the President of the United States to seduce them from
their allegiance, exhorting them to disregard his vain menaces, and to be
prepared to sustain the dignity, and protect the liberty of the State,
against the arbitrary measures proposed by the President."
Now, I, Robert Y. Hayne, Governor of South Carolina, in obedjence
to the said Resolution, do hereby issue this my Proclamation, solemnly
warning the good people of this State against the dangei'ous and perni-
cious doctrines promulgated in the said Proclamation of the President, as
calculated to mislead their judgments as to the true character of the
government under which they live, and the paramount obligation which
they owe to the State, and manifestly intended to seduce them from their
allegiance, and by drawing them to the support of the violent and un-
lawful n}easures contemplated by the President, to involve them in the
guilt of Rebellion. I would earnestly admonish them to beware of the
specious but false docti-ines by which it is now attempted to be shown
that the several States have not retained their entire sovereignty, that "the
allegiance of their citizens was transferred m tlie first instance to the Go-
vernment of the United States," that " a State cannot be said to be so-
vereign and independent, whose citizens owe obedience to laws not made
by it ;" that " even under the royal government we had no separate
character," that the Constitution has created " a national government,"
which is not " a compact between Sovereign States" — " that a State has
no right to secede" — in a word, that ours is a national government,
in which the people of all the States are represented, and by which we
OF SOUTH CAROLINA. 359
are constituted " one people" — and " that our representatives in Coneress (Governor's
• /»i TT» 1~i 1 i^l ' 1 T'n r\£^ I A Kt L ^
are all repi^sctitatives or the United btates, and not or the ])articular
States from wliicli they come" — doctrines which uproot the very founda-
tion of our ]K)litical system — anuiliihite the rights of the States — and ut-
terly destroy the liberties of the citizen.
It requires no reasoning to show what the bare statement of tlicsc pro-
positions demonstrate, that such a Government as is here described, has
not a single feature of a confederated repul)lic. It is in truth an accu-
rate delineation, drawn with a bold hand, of a great consolidated empire,
"one and indivisible;" and under whatever specious form its powers
may be masked, it is in fact the worst of all despotisms, in which the
spirit of an arbitrary government is suffered to pervade institutions pro-
fessing to be free. Such was not the Government for wliich our fathers
fought and bled, and offered up their lives and fortunes as a wilUng sacri-
fice. Such was not the Government which the great and joatriotic men
who called the Union into being in the plenitude of their wisdoms fra-
med. Such was not the Government which the fathers of the republican
faith, led on by the Apostle of American Liberty, promulgated and suc-
cessfully maintained in 1798, and by which they produced the great po-
litical revolution effected at that auspicious era. To a Government based
on such principles, South Carolina has not been a voluntary party, and to
such a Goverimient she never will give her assent.
The records of our history do, indeed, afford the prototype of these
sentiments, which is to be found in the recorded opinion of those who,
when the Constitution was framed, were in favor of a " firm National
Government," in which the States should stand in the same relation to
the Union, that the colonies did towards the mother countr3^ The Jour-
nals of the Convention and the secret history of the debates, will show
that this party did propose to secure to the Federal Government an ab-
solute supremacy over the States, by giving them a negative upon their
laws, but the same history also teaches us that all these pro[)ositions were
rejected, and a Federal Government was finally established, recognizing
the sovereignty of the States, and leaving the constitutional compact on
the footing of all other compacts between " parties having no common
superior."
It is the natural and necessary consequence of the principles thus au-
thoritatively announced by the President, as constituting the very basis of
our political system, that the Federal Government is unlimited and su-
preme ; being the exclusive judge of the extent of its own puwers, the
laws of Congress sanctioned by the Executive and the .Tudiciury, whether
passed in direct violation of the Constitution and rights of the States, or
not, are " the supreme law of the land." Hence it i.'i that the President
obviously considers the words, "made in pursuance of the Constitution," as
mere surplusage ; and therefore, when he professes to recite the provis-
ion of the Constitntion on this subject, he states that our " social com-
pact in express terms declares that the Laws of the United States, its
Constitution, and the Treaties made under it, are the supreme law of the
land," and speaks throughout of " the explicit suj^remacy given to the
laws of the Union over those of the States" — as if a law of Congiess was
of itself supreme, while it was necessary to the validity of a treaty that
it should be made in pursuance of the Constitution. Such, however, is
not the provision of the Constitution. That instrument expressly provides
that " the Constitution, and laws of the United States n-/i/r// shall he made
in pursuance thereof, shall be the supreme law of the land, any thing in the
Constitution or laws of any State to the contrary notwithstanding."
360 STATUTES AT LARGE
Here it will be seen that a law of Congress, as such, can have no va-
lidity unless made " in pursuance of the Constitution." An unconstitu-
tional act is therefore null and void, and the only point that can arise in this
case, is whether, to the Federal Government, or any department thereof,
has been exclusively reserved the right to decide authoritatively y?>r the
States this question of Constitutionality. If this be so, to which of the
departments, it may be asked, is this right of final judgment given 1 If
it be to Congress, then is Congress not only elevated above the other de-
partments of the Federal Government, but it is put above the Constitu-
tion itself. This, however, the President himself has publicly and so-
lemnly denied, claiming and exercising, as is known to all the world — the
right to refuse to execute acts of Congress and solemn treaties, even
after they had received the sanction of every department of the Federal
Government.
That the Executive possesses this right of deciding finally and exclu-
sively as to the validity of acts of Congress, will hardly be pretended —
and that it belongs to the Judiciaiy, except so far as may be necessary to
the decision of questions which may incidentally come before them, in
" cases of law and equity," has been denied by none more strongly than
the President himself, who on a memorable occasion refused to acknow-
ledge the binding authority of the Federal Court, and claimed for him-
self and has exercised the right of enforcing the laws, not according to
their judgment, but "his own understanding of them." And yet when it
serves the purpose of bringing odium upon South Carolina, " his native
State," the President has no hesitation in regarding the attempt of a State
to release herself from the controul of the Federal Judiciary, in a matter
affecting her sovereign rights, as a violation of the Constitution.
It is unnecessary to enter into an elaborate examination of the subject.
It surely cannot admit of a doubt, that by the Declaration of Independ-
ence the sevei'al Colonies became " free, sovereign, and independent
States," and our political history will abundantly show that at every
subsequent change in their condition up to the formation of our present
Constitution, the States preserved their sovereignty. The discovery of
this new feature in our system, that the States exist only as members of
the Union — that before the Declaration of Independence we were known
only as "United Colonies" — and that even under the articles of confede-
ration the States were considered as forming "collectively one nation" —
without any right of refusing to submit to " any decision of Congress" —
was reserved to the President and his immediate predecessor. To the lat-
ter "belongs the invention, and upon the former will unfortunately fall the
evils of reducing it to practice."
South Carolina holds the principles now promulgated by the President
(as they must always be held by all who claim to be supporters of the
rights of the States) "as contradicted by the letter of the Constitution —
unauthorized by its spirit — inconsistent with every principle on which it
was founded — destructive of all the objects for which it was framed" — ut-
terly incompatible with the very existence of the States — and absolutely
fatal to the rights and liberties of the people. South Carolina has so so-
lemnly and repeatedly expressed to Congress and the World the princi-
ples which she believes to constitute the very pillars of the Constitution,
that it is deemed unnecessary to do more at this time, than barely to pre-
sent a summary of those great fundamental truths, which she believes can
never be subverted without the inevitable destruction of the liberties of
the people and of the Union itself South Carolina has never claimed (as
is asserted by the President,) the right of " repealing at pleasure, all the
OF SOUTH CAROLINA. 3G1
revenue laws of the Union," much less tlie right of " repealing the Con- Oovernor'b
stitution itself, and laws passed to give it effect which have never been al- "",on.
leged to he uncomt'dutionaf .''^ She claims only the right to judge of in- 1832.
fractions of the Constitutional compact, in violation of the reserved rights
of the State, and of arresting th(3 progress of usurpation within her
own limits ; and when, as in the Tariffs of \ 85iS and 1832, revenue and
protection — constitutional and unconstitutional objects— have been so mixed
up together, that it is found impossible to draw the line of discrimination,
she has no alternative, but to consider the whole as a system, unconsti-
tutional in its charactci', and to leave it to those who have " woven the
web, to unravel the threads." South Carolina insists, and she appeals to
the whole political history of our country in support of her position, "that
the Constitution of the United States is a compact between Sovereign
States — that it creates a confederated republic, not having a single fea-
ture of nationality in its foundation — that the people of the several States
as distinct political communities ratified the Constitution, each State act-
ing for itself, and binding its own citizens, and not those of any other
State, the act of ratification declaring it to be binding on the States so
ratifying — the States are its authors — their power created it — their voice
clothed it with authoi'ity — the government which it formed is composed
of their agents, and the Union of which it is the bond is a Union of
States and not of individuals — that as I'egards the foundation and extent
of its power, the government of the United States is strictly what its
name implies, a Federal Government — that the States are as sovereign
now as they were prior to the entering into the compact — that the Fede-
ral Constitution is a confederation in the nature of a treaty, or an alli-
ance, by which so many Sovereign States agreed to exercise their sover-
eign powers coiijomthj upon certain objects of external concern in which
they are equally interested, such as war, peace, commerce, Foreign Ne-
gotiation, and Indian Trade ; and upon all other subjects of civil govern-
ment,- they were to exercise their sovereignty separately.
" For the convenient conjoint exeixise of the sovereignty of the States,
there must of necessity be some common agency or functionary. This
agency is the Federal Government. It represents the confederated States,
and executes their joint will, as expressed in the compact. The powers
of this government are wholly derivative. It possesses no more inherent
sovereignty than an incorporated town, or any other great corporate bo-
dy— it is a political corporation, and like all corporations, it looks for its
powers to an exterior source. That source is the States.
"South Carolina claims that by the Declaration of Independence, she
became and has ever since continued a free, sovereign and Indejiendent
State.
" That as a Sovereign State, she has the inherent power, to do all those
acts, which by the law of nations, any Prince or Potentate may of right
do. That like all independent States, she neither has, nor ought she to
suffer, any other restraint upon her sovereign will and pleasure, than those
high moral obligations, under which all Princes and States are bound
before God and man, to perform their solemn pledges. The inevitable
conclusion from what has been said, therefore, is, that as in all cases of
comf>act between Independent Sovereigns, where from the very nature
of things there can be no common juclge or umpire, each sovereign has
a right "to judge as well of infractions, as of the mode and measure of
redress," so in the present controversy between South Carolina and the
Federal Government, it belongs solely to her, by her delegates in solemn
Convention assembled, to decide, whether the federal compact be \-iolated,
VOL. I.— 46.
362 ■ STATUTES AT LARGE
Governor's and what remedy the State ought to pursue. South Carolina therefore
TioN. " cannot, and will not yield to any department of the Federal Government,
1832. a right which enters into the essence of all sovereignty, and without which
it would become a bauble and a name."
Such are the doctrines which South Carolina has, through her Con-
vention, solemnly promulgated to the world, and by them she will stand
or fall : such were the principles promulgated by Virginia in '98, and
which then received the sanction of those great men, whose recorded
sentiments have come down to us a light to our feet and a lamp to our
path. It is Virginia and not South Cai'olina, who speaks when it is said
that she " views the powers of the Federal Government, as resulting from
the compact, to which tlie States are parties, as limited by the plain sense
and intention of the instrument constituting that compact — as no further
valid than they are authorized by the grants enumerated in that compact ;
and that in case of a deliberate, palpable and dangerous exercise of
other powers, not granted by the said compact, the states, who are parties
thereto, have the right, and are in duty bound, to interpose, for arresting
the progress of the evil and for maintaing within their respective limits,
the *' authorities, rights and liberties, appertaining to them."
It is Kentucky who declared in '99, speaking in the explicit language
of Thomas Jefferson, that " the principles and construction contended
for by members of the State Legislatures [the very same now maintained
by the President] that the General Government is the exclusive judge
of the extent of the powers delegated to it, stop nothing short of despo-
tism— since the discretion of those who administer the government, and
not the constitution, would be the measure of their powers : That the
several States who formed the instrument being sovei'eign and independ-
ent, have the unquestionable right to judge of the infraction, and THAT
A NULLIFICATION BY THOSE SOVEREIGNTIES, OF ALL
UNAUTHORIZED ACTS DONE UNDER COLOUR OF THAT
INSTRUMENT, IS THE RIGHTFUL REMEDV."
It is the great Apostle of American liberty himself, who has consecra-
ted these principles, and left them as a legacy to the American people,
recorded by his own hand. It is by him that we ai-e instructed — * that to
the Constitutional compact, " each State acceded as a State, and is an
integral party, its co-states forming as to itself the other party;" that "they
alone being pai'ties to the compact are solely authorized to judge in the
last resort of the powers exercised under it ; Congress being not a party
but merely the creature of the compact;" " that it becomes a sovereign
State to submit to undelegated, and consequently imlimited power, in no
man or body of men, upon earth ; that where poAvers are assumed which
have not been delegated [the very case now before us] a nullification of
the act is the rightful remedy ; that every State has a natural right in ca-
ses not within the compact [casus non f(e(leris\ to nullify of their own au-
thority all assumption of power by others within their limits; and that
without this right they would be under the dominion absolute and unlimi-
ted, of whomsoever might exercise the right of judgment for them;" and
that in case of acts being passed by Congress " so palpably against the
Constitution as to amount to an undisguised declaration, that the com-
pact is not meant to be the measure of the powers of the General Go-
vernment, but that it will proceed to exercise over the States all powers
whatsoever, it would be the duty of the States to declare the acts void
* See original draught of the Kentucky Rcsolulions, in the hand-wriling of Mr. Jefferson,
lately published by his grandson.
OF SOUTH CAROLINA. 363
and of no force, and that ear/i. sJiould take measures of its oim for providing ^^overnor's
that neither such acts, nor any other of the General Government not -noti.
plainly and intentionally authorized by the Constitution, shall be cxer- 1832.
cised witli tlieir respective territories."
It is on these great and essential truths, that South Carolina has now
acted. Judging for herself as a sovereign State, she has pronounced the
Protecting System, in all its branches, to be a " gross, deliberate, and
paliaable violation of the Constitutional compact ;" and having exhausted
every other means of redress, she has, in the exercise of her sovereign
rights as one of the parties to that compact, and in the performance of a
high and sacred duty, interposed for arresting the evil of usurpation, with-
in her own limits — by declaring these acts to be " null, void, and no law,
and taking measures of her own, that they shall not be enforced within
her limits."
South Carolina has not "assumed" what could be considered as at all
doubtful, when she asserts " that the acts in question, were in reality in-
tended for the protection of manufactures ;" that their " operation is un-
equal ;" that " the amount received by them, is greater than is required
by the wants of the government" — and finally, " that the proceeds are to
be applied to objects unauthorized by the Constitution." These facts are
notorious — these objects openly avowed. The President, without institu-
ting any inquisition into motives, has himself discovered, and publicly
denounced them ; and his officer of finance is even now devising mea-
sures intended, as we are told, to conect these acknowledged abuses.
It is a vain and idle dispute about words, to ask whether this right of
State InterjDosition may be most properly styled a Constitutional, a so-
vereign, or a reserved right. In calling this right constitutional, it could
never have been intended to claim it as a right granted by, or derived
from the Constitution, but it is claimed as consistent with its genius, its
letter and its spirit ; it being not only distinctly understood, at the time
of ratifying the Constitution, but expressly provided for, in the instiiiment
itself, that all sovereign rights, not agreed to be exercised conjointly,
should be exerted separately by the States. Virginia declared, in refer-
ence to the right asserted in the Resolutions of '98, above quoted, even
after having fully and accurately re-examined and re-considered those
Resolutions, " that she found it to be her indispensable duty to adhere to
the same, as founded in truth, as consonant with the Constitution, and as
conducive to its welfare;" and Mr. Madison himself asserted them to be
perfectly " constitutional and conclusive."
It is wholly immaterial, however, by what name this right may be call-
ed, for if the Constitution be " a compact to which the States are par-
ties," if " acts of the Federal Government are no further valid than they
are authorized by the grants enumerated in that compact," then we have
the authority of Mr. Madison himself for the inevitable conclusion that
it is, " a plain principle illustiated by common practice, and essential to
the nature of compacts, that when resort can be had to no tribunal su-
perior to the authoiity of the parties, the parties themselves must be the
rightful judge in the last resort, whether the bargain made has been
pursued or violated." The Constitution, continues Mr. Madison, " was
formed by the sanction of the States, given hy each in its sovereign capa-
city : the States, then, being parties to the constitutional compact, and
in their sovereign capacity, it follows, of necessity, that there can be
no tribunal above their authority, to decide in the last resort, whether
the compact made by them be violated ; and, consequently, that as
the parties to it, they must themselves decide in the last resort, such
364 STATUTES AT LARGE
Governor's questions as may be of sufficient mastnitudc to require tlieir interposi-
Proclama- /• ?) ^
TION. tl""-
1832. If tills right does not exist in tlie several States, then it is clear that
the discretion of Congress, and not the Constitution, would be the mea-
sure of their powers; and this, says Mr. Jefferson, would amount to the
" seizing the rights of the States and consolidating them in the hands of
the General Government, with a power assumed to bind the States, not
only in cases made federal, but in all cases whatsoever ; which would be
to sun-ender the form of Government we have chosen, to live under one
deriving its power from its own will."
We hold it to be impossible to resist the argument, that the several
States as sovereign parties to the compact, must possess the power, in
cases of " gross, deliberate and palpable violation of the Constitution,
to judge each for itself, as well of the infraction as the mode and mea-
sure of redress," or ours is a Consolidated Government " without limi-
tation of powers," — a submission to wliich Mr. Jefferson has solemnly
pronounced to be a greater evil than disunion itself If, to borrow the
language of Madison's report, " the deliberate exercise of dangerous
powers palpably withheld by the Constitution, could not justify the par-
ties to it, in interposing even so far as to arrest the progress of the evil,
and thereby to preserve the Constitution itself, as well as to provide
for the safety of the parties to it, there would be an end to all relief from
usurped power, and a direct subversion of the rights specified or re-
cognized under all the State Constitutions, as well as a plain denial of
the fundamental principle on which our independence itself was de-
clared."
_ The only plausible objection that can be urged against this right, so in-
dispensable to the safety of the States, is that it may be abused. But
this danger is believed to be altogether imaginary. So long as our Union
is felt as a blessing — and this will be just so long as the federal govern-
ment shall confine its operation within the acknowledged limits of the
Charter — there will be no temptation for any State to interfere with the
harmonious operation of the system. There will exist the strongest mo-
tives to induce forbearance, and none to prompt to aggression on either
side, so soon as it shall come to be universally felt and acknowledged
that the States do not stand to the Union in the relation of degraded and
dependant colonies, but that our bond of union is formed by mutual sym-
pathies and common interests. The true answer to this objection has
been given by Mr. Madison when he says —
" It does not follow, however, that because the States, as sovereign
parties to the constitutional compact, must ultimately decide whether it
has been violated, that such a decision ought to be interposed, either in
a hasty manner, or on doubtful and inferior occasions. Even in the
case of ordinary conventions between different nations, it is always laid
down that the breach must be both wilful and material to justify an appli-
cation of the rule. But in the case of an intimate and constitutional
union, like that of the United States, it is evident that the interposition of
the parties, in their sovereign capacity, can be called for by occasions
only deeply and essentially affecting the vital principles of their political
system."
Experience demonstrates that the danger is not that a State will resort
to her sovereign rights too frequently or on light and trivial occasions,
but that she may shi-ink from asserting them as often as may be neces-
sary.
It is maintained by South Carolina, that according to the true spirit of
OF SOUTH CAROLINA. 365
the Constitution it becomes Congress, in all emergencies like the pi'esent, '"■ovkknor's
eitiier to remove tlie evil by legislation, (jr to solicit of the States the
call of a Convention; and that on a failure to obtain, by the consent of
three-fourtlis ul' all the States, an amendment giving the disputed power,
it must be regarded as never having been intended to be given. These
principles have been distinctly recognized by the Pr.-i-ident himse f, in
his message to Congress at the commencement of the present session,
and they seem only to be impracticable absurdities when asserted by
South Carolina, or made apphcable to her existing controversy with the
Federal Government.
But it seems that South Carolina receives from the President no
ci'edit for her sincerity, when it is declared through her Chief
Magistrate, that " she sincerely and anxiously seeks and desires"
the submission of her grievances to a Convention of all the States.
" The only alternative (says the President) which she presents, is
the repeal of all the acts for raising rcvcrme, leaving the government
without the means of support, or an acquiescence in the dissolidion
of onr JJniony South Carolina has presented no such alternatives.
If the President had read the documents which the Convention caused
to be forwarded to him for the express purpose of making known her
wishes and her views, he would have found that South Carolina asks
no more than that the Tarlfl" should be reduced to the revenue standard;
and has distinctly expressed her willingness, that "an amount of duties
substantially uniform, should be levied upon protected, as well as un-
protected articles, sufficient to raise the revenue necessary to meet the
demands of the government, for constitutional purposes." He would
have found in the Exposition, put forth by the Convention itself, a dis-
tinct appeal to our sister States, for the call of a Convention ; and the
expression of an entire willingness, on the part of South Carolina, to
submit the controversy to that tribunal. Even at the very moment when
he was indulging in these unjust and injurious imputations upon the
people of South Carolina, and their late highly resjiected Chief Magis-
trate, a resolution had actually been passed through both branches of our
Legislature, demanding a call of that very Convention, to which he
declares that she had no desire that an appeal should be made.
It does not become the dignity of a Sovereign State, to notice in the
spirit which might be considered as belonging to the occasion, the
unwarrantable imputations in which the President has thought proper
to indulge, in relation to South Carolina, the proceedings of her citizens
and. constituted authroities. He has noticed, only to give it countenance,
that miserable slander which imputes the noble stand that our people
have taken in defence of their rights and liberties, to a faction instigated
by the eftorts of a few ambitious leaders, who have got up an excitement
for their own personal aggrandizement. The motives and characters of
those who have been subjected to these unfounded imputations, are
beyond the reach of the President of the United States. The sacrifices
they have made, and difficulties and trials through which they may have
yet to pass, will leave no doubt as to the disinterested motives and
noble impulse of patriotism and honor by which they are actuated.
Could they have been induced to separate their own personal interests
from those of the people of South Carolina, and have consented to aban-
don their duty to the State, no one knows better than the President
himself, that they might have been honored with the highest manifesta-
tions of public regard, and perhaps instead of being the objects of
vituperation, might even now have been basking in the sunshine of
366 STATUTES AT LARGE
Executive favor. This topic is alluded to, merely for the purpose of
guarding the people of our sister States against the fatal delusion that
South Cai'olina has assumed her present position under the influence
of a temporary excitement ; and to warn them that it has been the
result of the slow but steady progress of public opinion for the last ten
years : that it is the act of the people themselves, taken in conformity
with the spirit of resolutions repeatedly adopted in their primary assem-
blies ; and the solemn determination of the Legislature, publicly announ-
ed more than two years ago. Let them not so far deceive themselves,
on this subject, as to persevere in a course which must in the end inevi-
tably produce a dissolution of the Union, under the vain expectation
that the great body of the people of South Carolina, listening to the
councils of the President, will acknowledge their error or retrace their
steps ; and still less that they will be driven from the vindication of their
rights, by the intimation of the danger of domestic discord, and threats
of lawless violence. The brave men who have thrown themselves into
the breach, in defence of the rights and liberties of their country, are
not to be driven from their holy purpose by such means. Even unmeri-
ted obloquy, and death itself, have no terrors f r him who feels and
knows that he is engaged in the performance of a sacred duty. The
people of South Carolina are well aware, that however passion and
prejudice may obtain for a season the mastery of the public mind, reason
and justice must sooner or later re-assert their empire: and that whatev-
er may be the event of this contest, posterity will do justice to their
motives, and to the spotless purity, and devoted patriotism, with which
they have entered into an arduous and most unequal conflict, and the
unfaltering courage with which, by the blessing of Heaven, they will
maintain it.
The whole argument, so far as it is designed at this time to enter into
it, is now disposed of; and it is necessary to advert to some passages in
the Proclamation which cannot be passed over in silence. The Presi-
dent distinctly intimates that it is his determination to exert the right
of putting down the opposition of South Carolina to the Tariff", hy force
of Arms. He believes himself invested with power to do this under that
provision of the Constitution which directs him " to take care that the
laws be faithfully executed." Now, if by this it was only meant to be
asserted, that under the laws of Congress now of force, the President
would feel himself bound to aid the civil tribunals in the manner therein
prescribed, supposing such laws to be constitutional,no just exception could
be taken to this assertion of Executive duty. But if, as is manifestly
intended, the President sets up the claim to judge for himself, in what
manner the laws are to be enforced, and feels himself at liberty to call
forth the militia, and even the military and naval forces of the Union,
against the State of South Carolina, her constituted authorities and
citizens, then it is clear that he assumes a power not only not conferi'ed
on the Executive by the constitution, but which belongs to no despot
upon earth exercising a less unlimited authority than the Autocrat of all
the Russias : an authority which, if submitted to, would at once reduce
the free people of these United States, to a state of the most abject and
degraded slavery. But the President has no power whatsoever, to execute
the Laws, except in the mode and manner prescribed by the Laws them-
selves. On looking into these Laws, it will be seen that he has no
shadow or semblance of authority to execute any of the threats which he
has thrown out against the good jieople of South Carolina. The Act of
28 February, 1795, gives the President authority to call forth the Militia
OF SOUTH CAROLINA. 3G7
ill case of invasion " by a foreign nation or Indian Tribe." ijy tiic 2ncl Govkunor's
section of that Act, it is provided that "wlienever tlie Laws of tljo Uni- "°tion\'*'
ted States shall be o])posed, or the execution thereof obstructed in any 1832.
State, by combinations too powerful to be su])pressed by the ojdinary
course of judi(i;ij pioceedings, or by the powers vested in the marshals
by this Act, it shall be lawful for the President of the United States to
call forth the Militia of such State, or of any other State or States, as may
be necessary to suppress such combinations, and to cause the Laws to be
duly executed."
The words here used, though they might be su])posed to be very
comprehensive in their import, arc restrained by those which follow.
By the next section it is declared that " whenever it may be necessary in
the judgement of the President to use the Militaiy force hereby directed
to be called forth, the President shall forthwith, by Proclamation,
COMMAND SUCH INSURGENTS TO DISPERSE ^nd retire })caceably to their
respective abodes within a limited time." On reading these two sec-
tions together, it is manifest that they relate entirely to combinations of
individuals acting of themselves without any lawful authority. The con-
stituted authorities acting under the laws of the State, and its citizens
yielding obedience to its commands, cannot possibly be considered as a
mere mob forming combinations against the authority and laws of the
Union, to be dispersed by an Executive Proclamation, and any attempt
so to treat them, would be a gross and palpable violation of the
sovereign authority of the State, and an offence punishable ci-iminally
in her own Courts. Whether the late proclamation of the President was
intended as a compliance with the provisions of this act, does not
very clearly appear. But if so, it can only be considered as directed
against the State, since the Laws of the United States have certainly not
been forcil)]y obstructed by combinations of any sort, and it is certainly
woithy of observation that the command extended to the people is not
that they should disperse, but that they should re-assemble in Convention
and repeal the obnoxious Ordinance.
The 2:)ower of the President, so far as this subject is embraced, in
relation to the Army and Navy, is exactly co-extensive with that over
the Militia. By the 1st section of Act of 3d March 1807, it is express-
ly provided, that in all cases of " obstruction to the laws of the United
States, or of any individual State, where it is lawful for the President to
call forth the Militia for the pui'pose of causing the laws to be duly
executed, it shall be lawful for him to employ for the same purpose,
such part of the land or naval force of the L^'nited States as may be
necessary, having first observed all the pre-requisites of the law in that
respect." Here then it is seen, that unless the President is resolved to
disregard all constitutional obligations, and to trample the laws of his
country under his feet, lie has no other authority whatever to use force
against the State of South Carolina, and should he attempt to do so, the
patriotic citizens of this State know too well their own rights, and have
too sacred a regard to their duties, to hesitate one moment, in repelling
invasion, come from what quarter it may. Could they be deterred by
the threats of lawless violence, or any apprehension of consequences,
from the faithful performance of their duty, they would feel that they
were the unworthy descendants of the " Pinckneys, Sumters, and Rut-
ledges, and a thousand other names which adorn the pages of our revo-
lutio lary history," some of whom have just gone from among us, and
been gathered to their fathers, leaving as a legacy their solemn injunc-
tion that we should never abandon this contest until we shall have obtained
368 STATUTES AT LARGE
Governor's " a fresh understanding of the bargain,'" and restored the liberties fof
"tion!'^" which they fought and bled. Others still linger among us, animating us
1832. by their example, and exhorting" us to maintain that "solemn Ordinance
and Declai'ation" which they have subscribed with their own names, and
in support of which they have " pledged their lives, their fortunes and
their sacred honor."
The annals which record the struggles of freedom, show us that Rulers,
in every age and every country, jealous of their powei', have resorted
to the very same means to extinguish in the bosom of man that noble
instinct of liberty which ])rompts him to resist oppression. The system
by which Tyrants in every age have attempted to obliterate this senti-
ment and to crush the spirit of the people, consists in the skilful
employment of promises and threats, in alternate efforts to encourage
their hopes and excite their fears — to show that existing evils are
exaggerated, the danger of resistance great — and the difficulties in the
way of success insuperable ; and finally to sow dissentions among the
people, by creating jealousies and exciting a distrust of those whose
counsels and example may be supposed to have an important bearing on
the success of their cause.
These, with animated appeals to the loyalty of the people, and an
imposing array of military force, constitute the means by which the
people have in every age been reduced to slavery. When we turn to
the pages of our own history, we find that such were the measures
resorted to at the commencement of our own glorious revolution, to keep
our fathers in subjection to Great Britain ; and such are the means now
used to induce the people of Carolina to " re-trace their steps," and to
remain forever degradetl colonists, governed not in reference to their
own interests, but the intei'ests of others. Our Fathers were told, as
we now are, that their grievances were in a great measure imaginary.
They were promised, as we have been, that those grievances should be
redressed. They were told, as we now are, that the people were misled
by a few designing men, whose object was a dissolution of the Union,
and their own self aggrandizement. They were told, as we now are, of the
Danger that would be incurred by disobedience to the Laws. The power
and resources of the Mother Country were then, as now, ostentatiously
displayed in insulting contrast with the scattered population and feeble
resources on which we could alone rely. And the punishment due to
Treason and Rebellion, was held out as the certain fate of all who
should disregard the paternal efforts of their Royal Master, to bring back
his en-ing children to the arms of their indulgent Mother. They weie
commanded, as we have been, to "re-trace their steps." But though
divided among themselves to a greater extent than we are now,
without an organized Government, and destitute of arms and resources
of every description, they bid defiance to the tyrant's power, and
refused obedience to his commands. They incurred the legal guilt of
Rebellion, and braved the dangers, both of the scaffold and the field, in
opposition to the colossal power of their acknowledged sovereign,
rather than submit to the imposition of taxes light and inconsiderable
in themselves, but imj)osed toitltoiit their consent, for the henefit of others.
And what is our present condition % We have an organized Government,
and a population three times as great as that which existed in '76.
We are maintaining not only the rights and liberties of the people, but
the sovereignty of our own State, against whose authority rebellion may
be committed, but in obedience to whose commands no man can commit
treason. We are struggling against unconstitutional and oppressive
OF SOUTH CAROLINA. 369
taxation imposed upon us, not only without our oonscnt, hut in defiance (■orr.nyon.'a
of our repeated remonstrances and sohjiun protests. Jn such a <|uar- ^,„'^.'
rel, our duty to our country, ourselves and our posterity, is too plain to 1832.
be mistaken. We will stand upon the soil of Carolina and maintain the
sovereis^n authority of the iStatc, or he huried beneath its ruins. As un-
happy Poland fell before the power of the Autocrat, so may Carolina be
crushed by the power of her enemies, — but Poland was not surrounded
by free and independent States, inteiested, like herself, in preventins^ the
establishment of the very tyranny which they are called upon to imjiose
upon a sister State. If, in spite of our common kindred ,and common
interests, the glorious recollections of the past, and the proud hopes
of the future, South Carolina should be coldly abandoned to her fate,
and reduced to subjection, by an unholy combination among: her sister
States — which is believed to be utterly impossible — and the doctrines
promulgated by the President are to become the foundation of a new
system cemented by the blood of our citizens, it matters not what may
be our lot. Under such a (Jovernment, as there could be no liberty, so
there could be no secuiity either for our persons or our property.
But there is one consolation, of which, in the providence of God, no
people can be deprived without their own consent. The j)roud concious-
ness of having done their duty. If our country must be enslaved, let
her not be dishonored by her own sons ! Let them not '■'forge the
cliams themselves hy ichich their liberties arc to he inanaded."
The President has intimated in his Proclamation that a " standing
Army," is about to be raised to carry secession into effect. South Caro-
lina desires that her true position shall be clearly understood, both at
home and abroad. Her object is not " disunion" — she has raised no
" standing Array," and if driven to repel invasion or resist aggression,
she will do so by the strong arms and stout hearts of her citizens.
South Carolina has solemnly proclaimed her purpose; that purpose is
the vindication of her rights. She has professed a sincere attachment to
the Union, and that to the utmost of her power she will endeavor to
preserve it, " but believes that for this end, it is her duty to watch over
and oppose any infraction of those principles which constitute the only
basis of that union, because a faithful observance of them can alone
secure its existence ; that she venerates the constitltion, and will
protect and defend it 'against every aggression either foi-eign or domestic;"
but above all, that she estimates as beyond all price her liberty, which
she is unalterably determined never to suiTcnder while she has the
power to maintain it."
The President denies in the most positive terms, the right of a
State, under any circumstances, to secede from the Union; and puts this
denial on the ground " that from the time the Stales parted with so many
powers as to constitute jointly, with the other States, a single nation,
they cannot from that period possess any right to secede." What then
remains of those " rights of the States" for which the President profes-
ses so " high a reverence." In what do they consist 1 And by what
tenure are they held ] The uncontrouled will of the federal govern-
ment. Like any other petty corporation, the States may exert such
powers, and such only, as may be pemiitted by their superiors. When
they step beyond these limits, even a federal oHicer wdl set at naught
their decrees, repeal their solemn ordinances, proclaim their citizens to
be Traitors, and reduce them to subjection by military force; and if
driven to desperation, they should seek a refuge in secession, they are
to be told that they liave bound themselves to those who have perpetrated
VOL. I.— 47
370 STATUTES AT LARGE
Goveunor's or permitted these enormities, in the iron honds of a "perpetual union."
"ti^on"^' If these principles could be established, then indeed would the days
1832. of our liberty be numbered, and the republic will have found a master.
If South Carolina had not already taken her stand against the usurpation
of the federal government, here would have been an occasion, when she
must have felt herself impelled by every impulse of patriotism and every
sentiment of duty, to stand forth, in open defiance of the arbitrary de-
cree of the executive. When a sovereign State is denounced, her authority
derided, the allegiance of her citizens denied, and she is threatened with
military power to reduce her to obedience to the will of one of the
functionaT-ies of the federal government, by whom she is commanded
to '"tear from her archieves" her most solemn decrees — surely the time
has come when it must be seen, whether the people of the several States
have indeed lost the spirit of the revolution, and whether they are to
become the willing instruments of an unhallowed despotism. In such a
sacred cause, South Carolina will feel that she is not striking for her own,
but the liberties of the Union and the rights of man, and she confi-
dently trusts, that the issue of this contest will be an example to free-
men, and a lesson to rulers thioughout the world.
Fellow-Citizens — In the name and behalf of the State of South
Carolina, I do once more solenmly warn you against all attempts to
seduce you from your primary allegiance to the State, — I charge you
to be faithful to your duty as citizens of South Carolina, and earnestly
exhort you to disregard those " vain menaces" of military force, which,
if the President, in violation of all his constitutional obligations, and of
your most sacred rights, should be tempted to employ, it would become
your solemn duty at all hazards to resist. I require you to be fully
prepared to sustain the dignity and protect the liberties of the State,
if need be, with your " lives and fortunes." And may that great and
good Being, who as a " father careth for his children," inspire us with
that HOLY ZEAL IN A GOOD CAUSE, which is the BEST SAFEGUARD OF OUR
Rights and Liberties.
In testimony whereof, I have caused the
seal of the State to be hereunto affixed, and
have signed the same with my hand.
Done at Columbia, this 20th day of Decem-
ber, in the Year of our Lord, 1832, and in the
Independence of the Lhiited States, the fifty-
seventh.
ROBERT Y. HAYNE,
By the Governor.
Samuel Hammond, Secretary of State.
OF SOUTH CAROLINA. 371
AN ACT
To carry into effect in 2^(i)'t, an Ordinance to Nullify certain Acts of the
Congress of the United States, purporting to he laivs laying duties on the
importation of foreign commodities, passed in Convention of this State,
at Columhia, on the tiventy fourth day of November, in the year of our
Lord one thousand eight hundred and thirty-two.
Whereas, by the said Ordinance, it is declared and ordained, " That p^^j^^yg
the several Acts, and parts of Acts, of the Congiess of the United States,
purporting to he laws for the imposing of duties and imposts on the im-
portation of foreign commodities, and now having actual operation and
eftect within the United States, and more especially an Act entitled an
Act in alteration of the several acts imposing duties on imports, approved
on the nineteenth day of May, one thousand eight hundred and twenty-
eight, and also an Act entitled an Act to alter and amend the several
Acts imposing duties on imports, approved on the fourteenth day of July,
one t' ousand eight hundred and thirty-two, are unauthorized by the Con-
stitution of the United States, and violate the true meaning and intent
thereof, and are null, void, and no law, nor binding upon this State, its
officers or citizens." And whereas, also, by the said Ordinance, it is or-
dained that it shall be the duty of the Legislature to adopt such mea-
sures, and pass such Acts, as may be necessary to give full effect to that
Ordinance, and to prevent the enforcement, and arrest the operation of
the said Acts and parts of Acts of the Congi'ess of the United States,
within the limits of this State, from and after the first day of February
next; now, therefore, to cany into effect in part, the said Ordinance:
Sec. 1. Tie it enacted by the Senate and House of Rejirescntatires, ?2o?<7irow to recover
met and sitting in General Assemhly, and, by the authority of the same, y^der fhcf \ct8
That from and after the first day of February next, if any goods, wares of Congress.
or merchandize, shall be seized or detained, under pretence of securing
the duties imposed by any of the said sevei'al Acts or parts of Acts, of
the Congress of the United States, so annulled by the Ordinance as afore-
said, or for the non payment of any such duties, or under any process,
order or decree, mesne or rinal, or other pretext, contrary to the true in-
tent and meaning of the said Ordinance, the person or persons to whom
the said goods, wares or merchandize are consigned, or who may be
lawfully entitled to the possession of the same, may, upon making affi-
davit of such seizure or detention, proceed to recover possession thereof,
and damages, by an action of replevin ; and the proceedings therein shall
be as in other cases f)f replevin, according to the law and usages of this
State, except as modified or altered by this Act; or such person or persons
may proceed in any other manner, authorized by law, in cases oi unlaw-
ful seizure or detention of personal property.
372
STATUTES AT LARGE
Act to carry
OllUINANCE
INTO EKFEC r.
1832.
Plaimifl'togive
1) >nil mill
security in full
value of said
Goods.
Authorizing
sheriff to
distrain on
personal
property when
a writ of
replevin cannot
be executed.
For the
recovery of
re-captured
Goods .
For the
recovery of
duties paid-
IIow to act in
f.ase of an
arrest.
For the
recovery of
property levied
on or sold.
Sec. 2. Be it furtlicr enacted, That before the Sheriff shall deliver the
said goods to the plaintiff, in replevin, it shall be his duty to take from
the said plaintiff a bond, with good and sufiicient security, in the penal
sum of the full value of the said goods, with the condition that he will
prosecute the said suit with effect, and well and truly abide and fulfil the
final judgement and determination of the Court therein.
Sec. 3. Be it further enacted, That in case of refusal to deliver the
said goods, or of removal of the same in any way, so that the writ of
replevin cannot be executed, on the return of the Sheriff to that effect,
and an affidavit made before any justice of the quoruin that the said
goods had been seized and detained, and of the refusal to deliver the
same, or that the same had been removed as aforesaid, and of the value
thereof, the plaintiff" in replevin may sue out a writ in the nature of a
capias m withernam, authorizing and requiring the Sheriff' of any of the
districts of this State, to distrain the personal estate of the person or
persons so refusing to deliver the said goods or removing the same so
that the said process cannot be executed. And the Sheriff shall there-
upon seize and take into his possession any personal estate of the de-
fendant or defendants, to the amount of double the value so sworn as
aforesaid, and hold the same at the proper expense of the owner or own-
ers thereof, until the said goods are produced and delivered to the said
Sheriff'. Provided, that nothing in this clause contained shall be in any
manner construed to deprive the Sheriff of any right and power which he
now has by law in the execution of the writ of replevin.
Sec. 4. Be it furllier enacted, That if after the delivery of the said goods
by the Sheriff to the Plaintiff, in replevin, any attempt should be made
to recapture, or to seize the same, or the same should be actually recap-
tured or seized, under pretence of securing the duties imposed by any
of the several acts of Congress aforesaid, or for the non-payment of any
such duties, or under any process, order, or decree, or other pretext, con-
trary to the true intent and meaning of the Ordinance aforesaid, it shall
be the duty of the Sheriff" on affidavit made to that effect, to prevent
such re-capture or seizure, or to re-deliver the goods to the Plaintiff, in
replevin, as the case may be, and the Sheriff^ shall have the same power
and authority for that purpose as he had in the original execution of the
writ of replevin.
Sec. 5. Be it further enacted Ijy the authority aforesaid. That if any
person shall pay any of the duties imposed by either of the acts of Con-
gress aforesaid, the person so paying may recover back the same, to-
gether with the interest thereon, in an action for money had and received,
in any Court of competent jurisdiction . Provided, that such action be
brought within one year from the time of said payment.
Sec. 6. Be it further enacted by tJte authority aforesaid. That if any
person shall be arrested or imprisoned, by virtue of any order or execu-
tion for the enforcement or satisfaction of any judgment 3r decree ob-
tained in any Federal Court for duties claimed imder the acts of Con-
gress, so annulled as aforesaid, or upon any other proceedings contrary to
the true intent and meaning of the said Ordinance, he shall be entitled
to all the benefits and privileges secured to the citizen in case of unlaw-
ful arrest or imprisonment, by the statute made of force in this State,
commonly called the Habeas Corpus Act; and he may also maintain an
action of trespass for such unlawful arrest or imprisonment.
Sec. 7. Be it further enacted hy the authority aforesaid. That if any
real or personal estate of any person shall be seized, or levied on, or sold
by virtue of any Fieri Facias, or other process for the enforcement or
OF SOUTH CAROLINA. 073
satisfaction of any judgement or decree, ol)tained in any Federal Court, ^'^'^ '^°,^'^"'!^'
for duties claimed under the acts of Congress, so annulled as aforesaid, j^-,.o\;ffkct.
such seizure, levy, or sale, shall be held and regarded, in the Courts of 18:J2.
this State, as illegal, and such sale shall in no wise divest, or in any man- ^-^^^"^^
ner impair the title of the defendant, in such suit or action, to the pnjper-
ty thus sold.
Sec. 8. Be tt further enacted, That if any Clerk, Comniissioiier, ^Ias-J._f^3Lga
ter or Register, shall furnish a record, or a copy of a record in his office, record.
of any case in Law or Equity, wherein is drawn in question the autho-
rity of the said Ordinance, or the validity of the Acts of the Legislature,
passed to give eflect thereto, or the validity of the said Acts of Congi-ess,
or permit or allow any such record, or a copy of such record, to be taken
for any purpose, he shall be deemed guilty of a misdemeanor, and upon
conviction thereof, be punished by fine, not exceeding one thousand, nor
less than one hundred dollars, and by imprisonment, not exceeding one
year noi less than one month.
Sec. 9. Be \t fartlicr enacted, That if any person shall disobey, ob- Penalty for
struct or resist any process granted or allowed by this Act, or shall eloign, procesTunder
secrete or wilfully remove any goods, wares or merchandize, or do any this Act.
other act, so as to prevent the same from being replevied, according to
the provisions of the first section of this Act, such person, his aiders and
abettors, shall be guilty of a misdemeanor, and upon conviction thereof,
shall be punished by fine, not exceeding five thousand dollars, nor less
than one thousand dollars, and be imprisoned for a term not exceeding
two years, nor less than six months ; besides being liable to indictment,
or other proceeding allowed by law, foi- any other offence involved in the
commission of said misdemeanor.
Sec. 10. Be it further enacted. That should any person, after the de-p^j^j^jj ^^j.
livery of any goods by the Sheriff to the Plaintiff, in replevin, as herein seizing goods
provided, I'e-capture or seize, or attempt to re-capture or seize the same, ^^'•^^^^^'^!'^'^''y
under pretence of securing the duties imposed by any of the several acts
of Congress aforesaid, or for the non-payment of any such duties, or un-
der any process, order or decree, or other pretext, contrary to the true
intent and meaning of the Ordinance aforesaid, such person, his aiders
or abettors, shall be deemed guilty of a misdemeanor, and upon convic-
tion thereof, shall be punished by fine, not exceeding ten thousand, nor
less than three thousand dollars, and imprisonment, for a term not ex-
ceeding two years, nor less than one year, besides being liable to indict-
ment, or other proceeding allowed by law, for any other offence involved.
in the commission of said misdemeanor.
Sec. 11. Be it further enacted, That if any of the keepers of the pp^^jj^ j-^^^ ^^
public gaols in this State, shall receive and detain any person arrested or gaolers
committed bv virtue of any order, process or other iudicial proceedings '•^'"'""l?'''"y
.,,-'. , „•' , J- ^\ • b PI one lor disobey
made, had or issued to enforce tlie payment oi collection of any oi t be jng an annulled
duties imposed by, or claimed under, the said acts of Congress, annulled law.
by the Ordinance aforesaid, or on any other proceedings contrary to the
true intent and meaning of the said Ordinance, such keeper shall be
guilty of a misdemeanor, and upon conviction thereof, shall be imprison-
ed for a term not exceeding one year, nor less than one month, and fined
in a sum not exceeding one thousand dollars, nor less than one hundred
dollars, and shall edso be liable to the person aggiieved, in an action of
trespass.
Sec. 12. Be it further enacted. That if any person or persons shall Penalty for
knowingly let or hire, or use, or permit to be used, any place, house orlnnng^r usinj
building, to serve as a gaol for the detention or confinement of any per- "^ °' P*"^^"' '"•
374
STATUTES AT LARGE
Act to cAr,.RY
Ordinance
into effect.
183a.
Traverse not
allowed.
Fines paid to
Treasury.
Ordinance or
Act given in
evidence.
This Act, when
to take effect.
son arrested or committed by virtue of any order, process or other judi-
cial proceedings made, had or issued to enforce the payment or collection
of any duties imposed by the said acts of Congress annulled by the Or-
dinance aforesaid, or upon any other proceedings contrary to the true in-
tent and meaning of the said Ordinance, he or they shall be guilty of a
misdemeanor, and upon conviction thereof, shall be imprisoned for a term
not exceeding one year, nor less than one month, and fined in a sum not
exceeding one thousand dollars, nor less than one hundred dollars.
Sec. 13, Be it further enacted, That no Indictment under this Act shall
be subject to Traverse.
Sec. 14. Be it further enacted, That the fines collected under this Act
shall be paid into the public Treasury.
Sec. 15. Be it further enacted, That on the trial of any suit or action,
in which shall be brought in question the Ordinance aforesaid, or this Act
the same may be given in evidence without being specially pleaded.
Sec. 16. Be it farther enacted, That this Act shall commence and be of
force from and after the first day of February next.
In the Senate House, the ticentlcth day of Decemhcr, in tlic year of oiir Lord
one thousand eight hundred and thirty-two, and in the ffty -seventh year of
the Independence of the JJmted States of America.
H. DEAS, President of the Seriate.
H. L. PINCKNEY, Speaher of the House of Representatives.
OF SOUTH CAROLINA. 375
AN ACT
Concerning the Oath required hy the Ordinance passed in Convention at
Columbia, the tic enty -fourth day of November, one thousand eight
hundred and thirty-tico.
Sec. 1. Whereas, by the Orrlinance passed in Convention of this Preamble.
State, at Columbia, on the twenty-fourth day of November, in the year
of our Lord one thousand eight hundred and thirty-two, it is ordained,
that all persons now holding any office of honor, profit, or trust, civil or
military, under this State, Members of the Legislature excepted, shall,
within such time, and in such manner, as the Legislature shall prescribe,
take an oath, well and truly to obey, execute, and enforce the said Or-
dinance, and such Act or Acts of the Legislature as may be passed in
pursuance thereof, according to the true intent and meaning of the same,
and on the neglect or omission of any such person or persons so to do,
his or their office or offices shall be forthwith vacated, and shall be filled
up, as if such person or persons were dead or had resigned ; and no
person hereafter elected to any office of honor, pj-ofit or trust, civil or
military. Members of the legislature excepted, shall, until the Legislature
shall othei'wise provide and direct, enter on the execution of his office, or
be in any respect competent to discharge the duties thereof, until he
shall, in like manner, have taken a similar oath : —
Ue it therefore enacted, by the iicnate and House of Representatives, Form of Oath
and by the authority of the same. That the form of said oath shall be as
follows : " I do solemnly swear (or affirm) that I will well and truly
obey, execute, and enforce the Ordinance to nullify certain acts of the
Congress of the United States, purporting to be laws laying duties and
imposts upon the importation of foreign commodites, passed in Conven-
tion of this State, at Columbia, on the twenty-fourth day of November,
in the year of our Lord one thousand eight hundred and thirty-two, and
all such Act or Acts of the Legislature as may be passed in pursuance
thereof, according to the true intent and meaning of the same : so help
me God."
Sec. 2. And he it further enacted. That the said Oath may be ad- How and by
ministered by any person authorized by law to administer an oath, and "hom Oath
likewise by all military officers, to those under their command ; and the ^ ™
administration thereof shall be authenticated by the signatures of the
person administering, and the person taking the same. In cases of mili-
tary officers, a certificate of the oath, so authenticated, shall be endorsed
on their commission ; and in cases of civil officers, the persons administer-
ing said oath, shall make a certificate, shewing the name, residence,
and office of the officer taking said oath, with the date when administered ',
in the case of a civil offiiccr, whose duties are confined to a single Dis-
trict, the certificate shall be lodged in the office of the Clerk of the
376 . STATUTES AT LARGE
Court of Common Picas, or Commissioner in Equity, f<^r tl^p T>isfri''t in
which the officer resides, and in all other cases the certificate shall be
lodged in the office of the Secretary of State.
Time for Oath Sec. 3. And he if furtlicr enacted. That every Judge of the Court of
to be taken. Appeals, Judge of the Circuit Court, Chancellor, and Recorder of the
City Court of Charleston, now in office, shall take the said oath, at or before
the time when he shall sit in judgment upon any case or matter, civil or
criminal, at Chambers or in open Court, in which shall be in question,
directly or indirectly, the aforesaid Ordinance, or any Act or Acts of the
Legislature that may be passed in pursuance thereof : And every civil
officer who held his office at the passing of the said Ordinance, shall
take the said oath, before, or at the time when, in the execution of his
office, he may be required to perform any duty consequent upon, or in
any wise connected with the said Ordinance, or any Act of the Legisla-
ture passed in pursuance thei'eof, except the administering of an oath,
or filing a certificate under this act.
Timejormilita- Sec. 4. And be it furtlicr enacted. That every military officer, who
take th" Oath, beld his office at the passing of the said Ordinance, shall take the said oath,
before, or at the time, when he shall be called into service, under any
Act of the Legislature passed in pursuance of the said Ordinance, or for
carrying the same into effect.
When the Sec. 5. And he it further enacted. That the Governor may, whenev-
Governormay gj. -y^ jjjg opinion the public interests demand it, by Proclamation,
Oath to be require all, or any particular officers, civil or military, within the State, or
taken. within any particular District thereof, to take the said oath, within not
less than one week from the publication of the Proclamation, in the
District in which such officer may be, and such officer shall take the oath
within the time required by the said Proclamation ; and on refusal, neg-
lect or omission to do so, by any such officer, his office shall be vacated.
In the Senate House, tlie tweniietli day of Deconher, in the year of our
Lord one thousand eight hundred and, thirty-two, and the fifty-seventh
year of the Independence of the United States of America.
H. DEAS, President of the Senate.
H. L. PINCKNEY, Speaker of the House of Kepresentatives.
Se-; S<»ct. 10 of the act to provide for the Military organization of the State, passed 19th
Dec. 1833, and the cases on allegiance, 'I Hill's Rep. p. 1.
OF SOUTH CAROLINA. 377
DOCUMENTS RELATING TO THE CONVENTION.
SECOND SESSION, WHICH BEGAN MARCH 11, 1833.
Letter from the Governor op the State to the President of the
Convention.
EXECUTIVE DEPARTMENT, )
Columbia, March 11, 1833. J
To James Hamilton, Jun. Esq.
President of the Convention of the People of South Carolina.
Sir — 1 herewith transmit you a letter which I have received from the
Hon. Benjamin Watkins Leigh, Commissioner from the State of Virginia,
which, together with the Correspondence in relation to Mr. Leigh's Mis-
sion, and the Resolutions of Virginia, of which he is the bearer, you are
requested to lay before the Assembly over which you preside.
I am very respectfully.
Your obedient servant,
ROBERT Y. HAYNE.
COLUMBIA, March 11th, 1833.
Sir — Having, at our first interview, presented you the Resolutions of
the General Assembly of Virginia of the 26th January last, on the sub-
ject of Federal Relations, I have now to request your Excellency to lay
those Resolutions before the Convention of the People of South Carolina,
which, at mj instance, has been re-assembled for the purpose of consid-
ering them.
The General Assembly of Virginia has expressed, in its own language,
its sentiments concerning the unhappy controversy between the State of
South Carolina and the Federal Government, and its motives, its views
VOL. L— 48.
378 STATUTES AT LARGE
CoNvExVTioN and object, in makintr this intercession. In these respects, therefore, the
Documents. r\ • • •-. i .1 1 ^ i o i /^ i-
1833. Commissioner it has thought proper to depute to feouth Caronna, can
have nothing to add, and nothing even to explain. The duty presented.^
to him is simple and precise. He is instructed to communicate the Pre-
amble and Resolutions to the proper Authorities of this State, and "to
give them such direction as in his judgment may be best calculated to
promote the objects which the Legislature of Virginia has in view:" and
this part of his duty he has already, by the prompt and cordial compli-
ance of those Authorities, had the happiness to accomplish, to the entire
satisfaction (as he has reason to believe) of the Legislature of Virginia.
And he is further instructed and " authorized to express to the public
Authorities and People of this, our sister State, the sincere good will of
the Legislature and People of Virginia, towards their sister State, and
their anxious solicitude that the kind and respectful representations they
have addressed to her, may lead to an accommodation of the differences
between this State and the General Government."
Virginia is animated with an ardent and devoted attachment to the
Union of the States, and to the rights of the several States that compose
the Union : and if similarity of situation and of interests naturally induce
her to sympathize, with peculiar sensibility, in whatever effects the pros-
perity and happiness of South Carolina, and the other Southera States,
she knows how to reconcile this sentiment with her affection and duty
towards each and every other State, severally, and towards the United
States. She is most solicitous to maintain and preserve our present in-
stitutions, which, though they partake of imperfection, from which no hu-
man institufions can ever be exempt, and notwithstanding some instan-
ces of mal-administration or error, to which all governments are liable, are
yet, as she confidently believes, the happiest frame of polity that is now
or ever has been enjoyed by any people — to maintain and preserve the
whole, and every iJcirt of these institutions, in full vigor and purity ; to up-
hold the Union, and the States ; to maintain the Federal Government in
all its just powei's, administered according to the pure principles of the
Constitution, without the least departure from the limitations prescribed,
by the compact, fairly understood ; and the State Governments in all their
rights and authority, as absolutely necessary to the good government and
happiness of their respective citizens. Consolidation and disunion are
alike abhorrent from her affections and her judgment — the one involving,
at the least, a forfeiture of the manifold advantages and blessings so long
and so generally felt and acknowledged to have been derived from the
Union ; and the other having an apparent, perhaps inevitable tendency to
military despotism. And she is apprehensive, for reasons too obvious to
need particular mention, that in case any differences between the Federal
Government and the States shall ever be brought to the arbitrament of
force, the result, let it be what it may, must effect such a change in our
existing institutions as cannot but be evil, since it would be a change from
those forms of government which we have experienced to be good, and
tinder which we have certainly been, in the main, free, prosperous, con-
tented and happy. Therefoie, in the present controversy between the
Federal Government and the State of South Carolina, she deprecates any
resort to force by either, and is sanguine in the hope, that, with proper
moderation and forbearance on both sides, this controversy may be ad-
justed (as all our controversies hitherto have been) by the influence of
truth, reason and justice.
Virginia, remembering the history of South Carolina, her sei"vices in
war and in peace, and her contributions of virtue and intelligence to the
OF SOUTH CAROLINA. 379
common councils of the Union, and knowing well tlio generosity, the Convention
magnanimity, and the loyalty of her character, entertained the most per- "'"ifjaa'^^"*
feet confidence, that these sentiments, so cherished by herself, would find
a response in the heart and understanding of every citizen of this .State.
And that confidence induced her intercession on the present occcasion.
She has not presumed to dictate, or even to advise. She has addressed
her entreat)/ to the Congress of the United States, to redress the grievance
of which South Carolina complains. And she has spoken to South Ca-
rolina also, as one Sovereign State, as one State of this Union, ought to
speak to another. She has earnestly, afl'eclionately, and respectfully re-
quested and entreated South Carolina " to rescind or suspend her late Or-
dinance, and to await tlie result of a combined and strenuous eflbrt of
the friends of Union and Peace, to effect an adjustment and conciliation
of all public difierences now unliaj^pily existing." She well hoped, that
this State " would listen willingly and respectfully to her voice ;" for she
knew and felt that South Carolina could not descend from the dignity, and
would nowise compromit the rights of her sovereignty, by yielding to the
intercession of a sister State.
If, therefore, no other considerations could have been presented to the
Convention of the People of South Carolina, if no other motives for com-
pliance could have been suggested, than the intercession of Virginia, of-
fered in the temper and manner it has been, and the interest we all have
in the Union, the common attachment we feel for our tried repub-
lican institutions, the aversion from civil discord and commotion, and
the wise and just dread of changes of which no sacacity can fore-
.see the consequences — it might have been hoped and expected, that
the Convention would rescind, or at least suspend for a time, its late Ordi-
nance.
But, in truth, the Convention comes now to a considei'ation of this sub-
ject, under a state of circumstances not anticipated by Virginia when
she interposed her good offices to promote a peaceable adjustment of the
controversy between this State and the Federal Government. There has
hccn made that " combined and strenuous effbit of the friends of peace
and union, to effect an adjustment and conciliation" of this controversy —
the result of which South Carolina was requested and expected to await —
and that effort, it is hoped, will prove successful. The recent act of Con-
gress, " to modify the act of the 14th July, 18.32, and all other acts im-
posing duties on imports," is such a modification of the tariff laws as (I
trust) will leave little room for hesitation on the part of the Convention
of the People of South Carolina, as to the wisdom and propriety of re-
scinding its Ordinance.
Forbearing, therefore, to enter at large into the ninny and forcible con-
siderations of justice and policy, which, independently of this measure of
Congress, might, I humbly conceive, have sufficed to induce the Con-
vention to suspend, if not to rescind the Ordinance, I shall rest in the
hope, that the wisdom of the Convention will ado])t, at once, the course
which the dignity and patriotism of South Carolina, her attachment to
the Union, so constantly expressed, and manifested by her deeds, her
duty to herself and towards her sister States, and (I hope I may add,
without presumption) her respect for the intercession of Virginia, shall
dictate to be proper ; and that that course will lead to a renewal of per-
fect harmony.
Sensible as I am, how little any effort of mine has or could have con-
tributed to the result I now anticipate, I shall be well content with the
honor of having been the bearer of the Resolutions of Vireinia, and of a
380 STATUTES AT LARGE
Convention favorable answer to tliem — happy in being the humblest instrument of
^"TsgI''''"" such a work.
I have the honor to be, with profound respect,
Your most obedient servant,
B. W. JLEIGH.
To His Excellency Robert Y. Hayne,
Governor of South Carolina.
[ILj
Letter from the Governor of Virginia, to the Governor op South
Carolina.
VIRGINLA.. ^
Executive Department, ^
Januai-y 26, 1833. )
To His Excellency,
ROBERT Y. HAYNE.
Sir — This will be delivered to you by the Hon. Benjamin Watkins
Leigh, a distinguished citizen of Virginia, who has been elected by the
General Assembly, a Commissioner of this State, to the State of South
Carolina, in conformity to a Preamble and Resolutions on the subject of
Federal Relations, this day adopted by the General Assembly of Vir-
ginia.
Mr. Leigh will make known to you any further views, that may be en-
tertained, on the subject of the Preamble and Resolutions.
I have the honor to be.
With high consideration and respect,
Your Excellency's most obedient servant,
JOHN FLOYD.
OF SOUTH CAROLINA. 381
[L.S.
Done at the City of Richmoncl, the twenty-sixth day
of January, in the year of our Lord one thousand eight
hundred and thirty-three, and of the Commonwealth the
fifty-seventh.
JOHN FLOYD.
By the Governor.
Wm. H. Richardson, Secretary
of the CommonweaWi, and Keeper of the Seal.
A.
Whereas, The General Assembly of Virginia, actuated by a desire to
preserve the peace and harmony of our common country ; relying upon
the sense of justice of each and every State in the Union, as a sufficient
pledge that their Representatives in Congress will so modify the acts lay-
ing duties and imposts on the importation of foreig-n commodities, common-
ly called the tarifi" acts, tliat they will no longer furnish cause of complaint
to the people of any particular State; believing, accordingly, that the peo
pie of South Carolina are mistaken in supposing that Congi-ess will yield
them no relief from the pressure of those acts, especially as the auspi-
[HL]
Certified copy of the Preamhlc and Resolutions, adopted by the Vi?-g{nia
Legislature, and transmitted, through their Commissioner, to the constitu-
ted Authorities of this State.
VIRGINIA, TO WIT:
I, John Floyd, Governor of the State aforesaid, do hereby certify
and make known unto all whom it may conceni, that George \V. JNIun-
FORD, whose name is subscribed to the certificate to the two documents
hereunto annexed, marked A and B, is, as he there styles himself. Clerk
of the House of Delegates, and Keeper of the Rolls of Virginia, duly
appointed and qualified according to law ; and to all his ofl^icial acts as
such, full faith, credit and authority, are had and ought to be given.
In Testimony whereof, I have subscribed my name, and caused the great
seal of the State to be afiixed hereunto.
382 STATUTES AT LARGE
CowENTiojj cious approach of the extinguishment of the Public Debt affoixls a just
ground for the indulgence of a contrary expectation ; and confident that
they are too strongly attached to the Union of the States, to resort to
any proceedings which might dissolve or endanger it, whilst they have
any fair hope of obtaining their object by more regular and peaceful
measures ; persuaded, also, that they will listen willingly and respectfully
to the voice of Virginia, earnestly and affectionately requesting and en-
treating them to rescind or suspend their late Ordinance, and await the
result of a combined and strenuous effort of the friends of Union and
Peace, to effect an adjustment aiid reconciliation of all public differences
now unhappily existing ; regarding, moreover, an appeal to force, on the
part of the General Government, or on the part of the Government of
South Carolina, as a measure which nothing but extreme necessity could
justify or excuse in either ; but apprehensive, at the same time, that if
the present state of things is allowed to continue, acts of violence will
occur, which may lead to consequences that all would deplore — cannot
but deem it a solemn duty to interpose, and mediate between the high
contending parties, by the declaration of their opinions and wishes, which
they trust that both will consider and respect. Therefore —
Resolved, By the Genei-al Assembly, in the name, and on behalf of the
people of Virginia, that the competent Authorities of South Carolina be,
and they are hereby earnestly and respectfully requested and entreated
to rescind the Ordinance of the late Convention of that State, entitled "An
Ordinance to Nullify certain acts of the Congress of the United States,
purporting to be laws, laying duties and imposts on the importation of
foreign commodities ;" or, at least, to suspend its operation until the close
of the first session of the next Congress.
Resolved, That the Congress of the United States be, and they are
hereby earnestly and respectfully requested and entreated, so to modify
the acts laying duties and imposts on the importation of foreign commo-
dities, commonly called the Tariff' Acts, as to effect a gradual but speedy
reduction of the resulting Revenue of the General Government, to the
standard of the necessary and proper expenditures for the support
thereof.
Resolved, That the people of Virginia expect, and, in the opinion of
the General Assembly, the people of the other States have a right to ex-
pect, that the General Government and the Government of South Caro-
lina, and all persons acting under the authority of either, will carefully
abstain from any and all acts, whatever, which may be calculated tCK
disturb the tranquility of the country, or endanger the existence of the
Union.
And, icltrreas, considering the opinions Avhich have been advanced
and maintained by the Convention of South Carolina, in its late Ordi-
nance and Addresses, on the one hand, and by the President of the Uni-
ted States, in his Proclamation, bearmg date the tenth day of December,
one thousand eight hundred and thirty-two, on the other, the General
Assembly deem it due to themselves, and the people whom they rep-
resent, to declare and make known their own views, in relation to some
of the important and interesting questions which these papers present : —
Therefore,
Resolved, By the General. Assembly, That they continue to regard the
doctrines of State Sovereignty and State Rights, as set forth in the Re-
sohitions of 1798, and sustained by the Report thereon, of 1799, as a true
interpretation of the Constitution of the United States, and of the pow-
ers therein given to the General Government ; but that they do not
OF SOUTH CAROLINA. 383
consider them as sanctioning the proceedings of South Carolina, indica- <''onvkntion
ted in her said Ordinance ; nor as countenancing all the principles assumed """"' """'
by the President in his said Proclamation, many of which are in direct
conflict with tlicm.
Resolced, That this House will, by joint vote with the Senate, pro-
ceed, on this day, to elect a Commissioner, whose duty it shall be to
proceed immediately to South Carolina, and communicate the foregoino-
Preamble and Resolutions to the Govei'nor of that State, with a request
tint they be communicated to the Legislature of that State, or any
Convention of its citizens, or give them such other direction as, in his
judgment, may be best calculated to promote the ol)jocts which this Com-
monwealth has in view ; and that the said Commissioner be authorized
to express to the public authorities and people of our sister State, in
such manner as he may deem most expedient, our sincere good will to
our sister State, and our anxious solicitude that the kind and respectful
recommendations we have addressed her, may lead to an accommoda-
tion of all the differences between that State and the General Govern-
ment.
Resolved, That the Governor of the Commonwealth be, and he is
hereby requested, to communicate the foregoing Preamble and Reso-
lutions to the President of the United States, to the Governors of the
other States, and to our Senators and Representatives in Congress.
Agreed to by the House, the twenty-sixth day of January, one thousand
eight hundred and thirty-three.
GEORGE W. MUNFORD,
Clerk of the House of Delegates and. Keeper of the Rolls of Virginia.
B.
IN THE HOUSE OF DELEGATES, )
January 26, 1S33. S
The House of Delegates have, this day, by joint vote with the Senate,
elected Benjamin Watkins Leigh, Esq. a Commissioner of this State,
to the State of South Carolina, in conformity with a Preamble and
Resolutions upon the subject of Federal Relations, also adopted
to-day.
GEORGE W. MUNFORD,
Clerk of the House of Delegates and Keeper of the Rolls of Virginia.
384 STATUTES AT LARGE
[IV.]
cokrespondence between the commissioner of virginia and the
Constituted Authorities of this State.
[Letter No. L]
CHARLESTON, February 5, 1833.
Sir : — When I liad the honor, yesterday, of laying before your Ex-
cellency the Resolutions of the General Assembly of Virginia, of the
26th January last, and called your attention particularly to the Resolu-
tion of the General Assembly, in the name and on behalf of the people
of Virginia, that the competent authorities of South Carolina be, and
are hereby earnestly and respectfully requested and entreated to re-
scind the Ordinance of the State Convention of that State, entitled " An
Ordinance to Nullify certain Acts of the Congress of the United States,
purporting to be laws, laying duties and imposts on the importation
of foreign commodities," or, at least, to suspend its operation until the
close of the first session of the next Congress ; you informed me thai
the only authority competent to comply with that request, or even to
consider it, is the Convention of the people of South Carolina, which
made the Ordinance, and the power of re-assembling the Convention
is vested in the President of that body.
I have now, therefore, to request your Excellency to communicate
the Resolutions of the General Assembly of Virginia, and this letter
also, to the President of the Convention; confidently hoping that that
officer will not refuse or hesitate to re-assemble the Convention, in order
that the Resolutions of the General Assembly may be submitted to it,
and that the Convention may consider, whether, and how far, the earnest
and respectful request and entreaty of the General Assembly shall and
ought to be complied with.
I have the honor to be, &c. &c.
B. W. LEIGH.
To his Excellency, Robert Y. Hayne,
Governor of South Carolina.
OF SOUTH CAROLINA.
:iSt
[Letter No. 2.]
EXECUTIVE DEPARTMENT, \
Charleston, February 6, 1833. )
Sir : — I liave had the honor to receive your letter of the 5th instant,
and in compliance with the request therein contained, communicated its
contents, together with the Resolutions of the Legislature of Viioinia,
of which you are the bearer, to Cen. James Hamilton, Jr. the Piesi-
dent of the Convention. I have, now, the pleasure of inclosing you
his answer, by which you will perceive, that in compliance with the
request conveyed through you, he will pi-omptly re-assemble ihe Con-
vention, to whom the Resolutions adopted by the Legislature of Virgi-
nia, will be submitted, and by whom they will doubtless receive the
most friendly and respectful consideration. In cfiving you this informa-
tion, it is due to the interest manifested by Virginia in the existino-
controversy between South Cai-olina and the Federal Government, to state
that as soon as it came to be understood that the Legislature of Vir-
ginia had taken up the subject in a spirit of friendly interposition, and
thai a bill for the modification of the Tariff was actually before Concrress,
it was determined, by the common consent of our fellow-citizens, that
no case should be made under our Ordinance until after the adjournment
of the present Congress. The propriety of a still further suspension,
can, of course, only be detiermined by the convention itself With
regard to the solicitude expressed by the Legislature of A'irginia, that
there should be " vo appeal to force," on " the part of either the General
Government or the Government of South Carolina, in the contT-oversy
now unha])pily existing between them," and "that the General Govemment
and the Government of South Carolina, and all persons acting under
the authority of either, should carefully abstain from any and all acts,
whatever, which may be calculated to disturb the tranquility of the coun-
try, or endanger the existence of the L^nion;" it is proper that I
should distinctly and emphatically state, that no design now exists, or ever
has existed, on the part of the Government of South Carolina, or any
portion of the people, to "appeal to force," unless that measure should
be rendered indispensable in repelling unlawful violence.
I beg leave to assure you, and, through you, the people of Virginia,
and our other sister States, that no acts have been done, or are contem-
plated by South Carolina, her constituted authorities, or citizens, in
reference to the present crisis, but such as are deemed measures of pre-
caution. Her preparations are altogether defensive in their character;
and notwithstanding the concentration of lai-ge naval and military forces
in this harbor, and the adoption of other measures on the part of the
General Government, which may be considered as of a character threat-
ening the peace and endangering the tranquility and safety of the State,
we shall continue to exercise the utmost possible forbearance, acting
strictly on the defensive, firmly resolved to commit no act of violence,
but prepared, as far as our means may extend, to resist aggression.
Nothing, you may be assured, would give me, personally, and the peo-
VOL. I.— 49.
386 STATUTES AT LARGE
Convention pig of South Carolina, more satisfaction, than that the existing contro-
^°^"m3.^^ versy should be happily adjusted, on just and liberal terms ; and I beg
ynu to be assured, that nothing can be further from our desire, than to
disturb the tranquility of the country, or endanger the existence of the
Union.
Accept, Sii, for yourself, the assurance of the
high consideration of yours respectfully and truly,
ROBERT Y. HAYNE.
To the Hon. B. W. Leigh.
[Letter No. 3.]
CHARLESTON, February 6, 1833.
Sir : — T do myself the honor of acknowledging the receipt of your
letter of the 5th, enclosing a copy of a cf)nimunication you have received
from Benjamin Watk'ms Leigh, Esq. Commissioner from the State of
Viro-inia, covering certain Resolutions passed by the Legislature of that
State, which that gentleman has been deputed to convey to the Execu-
tive of this State.
In reply to the reference which you have made to me, as President of
the Convention of the People of South Carolina, consequent on the ap-
plication on the part of that gentleman, for the meeting of that body, I
beg leave to communicate to him, through your Excellency, that, appre-
ciating very highly the kind disposition, and the patriotic solicitude,
which have induced the highly respectable Commonwealth which he
represents, to interpose her friendly and mediatorial offices in the
unhappy controversy subsisting between the Federal Government and
the State of South Carolina, I should do great injustice to those dispo-
sitions on her part, and, I am quite sure, to the feelings of the People
of South Carolina, if I did not promptly comply with his wishes in
reference to the proposed call.
You are, therefore, authorized to say to Mr. Leigh, that the
Convention will be assembled with as much dispatch as may be
compatible with the public convenience, and with a due regard
to those circumstances which best piomise a full consideration and
final decision, on the proposition of which he is the bearer.
I have the honor to remain,
with distinguished consideration and esteem.
Your Excellency's obedient servant,
JAMES HAMILTON, Jr.
President of the Convention of the People of SoutJi Carolina.
To his Excellency, Robert Y. Havne.
OF SOUTH CAROLINA. 387
REPORT.
The Committee, to whom was refe7-red the communication of the Hon. B.
W. Leigh, Commissioner from the State of Virginia, and all other mat-
ters connected with the subject, and the course which should he -pursued
hy the C i ention, at the 2>resent important crisis of our political affairs,
beg leave to
REPORT : '
(in part,)
That they have had under consideration, the act passed at the late ses-
sion of Congress, to modify the "act of the 14th Jidy, 1832, and all other
acts imposing duties upon im])orts," and have duly deliherated on the
cou7-se which it becomes the people of South Carolina to pursue at this
interesting crisis in her political affairs. It is now upwards of ten years
since the people and constituted authoi'ities of this State, took ground
against the Protecting S//stet?t, as "unconstitutional, oppressive and unjust,"
and solemnly declared, in language which was then cordially responded
to by the other Southern States, that it never could be submitted to " as
the settled policy of the country." After remonstrating for years against
this system in vain, and making every possible eff'ort to procure a redress
of the grievance, by invoking the protection of the Constitution, and by
appealing to the justice of our Brethren, we saw, during the session of
Contrress which ended in .fuly last, a modification effected avowedly as
the final adjustment of the Tariff, to take effect after tlie complete extin-
guishment of the Public Debt, by which tlie Protecting System could on-
ly be considered as riveted upon the country forever. Believing that un-
der these circumstunces, tliere was no hope of any further reduction of
the duties, from the ordinary action of the Federal Government, and
convinced, that under the operation of this system, the labor and capital of
the plantation States must be forever tributary to the manufacturing
States, and that we should in effect, be reduced to a condition of colo-
nial vassalage. South Carolina felt herself constrained, by a just regard
for her own rights and interests, by her love of liberty and her devotion
to the Constitution, to interpose in her sovereign capacity, for the pur-
pose of arresting the progress of the evil, and maintaining, within her
own limits, the authorities, rights and liberties, appertaining to her as a
Sovereign State. Ardcn//// attached, to the union of tlie States, the people
of South Carolina were still more devoted to the rights of the States, with-
out which tlic Union itself would cease to be a lilessing ; and well con-
vinced that the regulation of the whole labor and capital of this vast
Confederacy by a great central Government, must lead inevitably to the
total destruction of our free institutions, thev did not hesitate to throw
388 STATUTES AT LARGE
roNVF.NTioN tliemsehx's fearlessly into tho breach, to arrest the torrent of usnrpatioii
•;.{■ *■ \v'ii( li was s\veei)nji^ liefore it all that was truly valuable in our political
—.^ sy-'cni.
. The effect of this interposition, if it has not equalled our wishes, has
bi-eii I)c!y >m;1 what existing circumstances would have authorized us to
^x|)ect. The spectacle of a single State, unaided and alone, standing up
for her riahts — influenced by no other motive than a sincere desire to
maintain the public liberty, and bring about a salutary reform in the ad-
ministration of the Government, has roused the attention of the whole
country, and has caused many to pause and reflect, who have lieretofore
seemed madly bent on the consummation of a scheme of policy absolute-
ly fatal to the liberty of the people, and the prosj^jerity of a laige portion
of the Union. Though reviled and slandered by those whose pecuniary
or political interests stood in the way of a satisfactory adjustment of the
controversy — deserted by many to whom she had a right to look for suc-
cour and support, and threatened with violence from abroad, and con-
vulsions within. South Carolina, conscious of tJic rectitude of her intentions,
and the justice of her cause, has stood unmoved ; firmly resolved to maintain
her liberties, or perish in the conflict. The result has been a beneficial
modification of the Tariff" of 1832, even before the time appointed for
that act to go into effect, and within a few months after its enactment ;
accompanied by a provision /«/• a gradnal reduction of the Duties to the Re-
venue Standard. Though the reduction pT'ovided for by the Bill which
has just passed, is, neither in its amount, nor the time when it is to go into
effect, such as the South had a right to require, yet such an approach
has been made towards the true principles on which the duties on im-
ports ought to be adjusted under our system, that the people of South
Carolina are willing so far to yield to the measure, as to agi'ee that their
Ordinance shall henceforth be considered as having no force or effect.
Unequal and oppressive as the system of raising revenue by duties upon
imports, must be upon the Agricultural States, which furnish more than
tv/o-thirds of the domestic exports of the United States, yet South Caro-
lina always has been, and still is, willing to make large sacrifices to the
peace and harmony of the Union. Though she believes that the Protect-
ing System is founded in the assumption of powers not granted by the
Constitution of the Federal Government, yet she has never insisted on
such an immediate reduction of the duties as should involve the manu-
facturers in ruin. That a reduction to the lowest amount necessary to
supply the wants of the Government, might be safely effected in four or
five years, cannot, in our estimation, admit of a reasonable doubt; still,
in a gi-eat struggle for principles, South Carolina would disdain to cavil
about a small amount of duties, and a ^gv^ years more or less in effecting
the adjustment, provided only she can secure substantial justice, and ob-
tain a distinct recognition of the principles for which she has so long
contended. Among the provisions of the new Bill, which recommend it
to our acceptance, are the establishment of a system of ad valwcm duties,
and the entire abandonment of the specific duties, and the minimums ;
tyrannical provisions, by which duties rated nominally at 25 per cefit,
were, in many cases, raised to upwards of 100 per cent ; and by which
the coarse and cheap articles, used by the poor, were taxed much higher
than the expensive articles used by ihe rich; a regulation against which
we have constantly protested in the most earnest terms, as unjust and
odious. The reduction before the expiration of the present year of one
tenth part of tho excess of the duties over 20 per cent, on all articles "ex-
ceeding 20 per cent, on the value thereof," (embracing the entire mass
OP SOUTH CAROLINA. 380
of the protected articles) and a gradual reduction thereafter, on such ar-
ticles, down to 20 ])er cent, (the duties upon which, under the Tarifll' of
18:32, range from 30 to upwards of 100 percent, and average upwards
of .50 per cent,) are great and mauifost ameliorations of the system, to
the benefits of which we cannot he inscnsihle. liut great as must he the
advantages of these reductions, they are small in comparison with the
distinct recognition, in the new liill, of two great j)rinci])les which we
deem of inestimable value — tlud the, duties filiall he evenfualh/ hronqht doivn
to the Revenue Stemdard, even if it should be found necessary to reduce
the duties on the protected articles below 20 per cent, and that no more
money shall be raised tlian shall be necessary to an economical adminis-
tration of the Government.
These provisions embody great principles, in refei'ence to this subject,
for which South Carolina has long and earnestly contended ; and if the
pledge therein contained shall be fulfilled in good faith, they must, in
their operation, arrest the abuses which have grown out of the unautho-
rized appropriations of the public money. We should consider the re-
duction of the revenue to the amount "necessary to the economical ad-
ministration of the government," as one of the happiest reforms which
could possibly take place in the practical operation of our system ; as it
would arrest the progress of corruption; limit the exercise of Executive pa-
tronage and power ; restore the indcipendence of the States ; a.nd put
an end to all tliose questions of disputed power, against which we have
constantly protested. It is this aspect of the question wliich has recon-
ciled us to the provisions of the new Bill, (certainly not free from objec-
tions) which provide for the introduction of linens, silks, worsted, and a
number of other articles, //-ee of duti/. The reduction of revenue which
will thereby be effected, and the beneficial influence of a free trade, in
sevei-al of those articles which are almost exclusively purchased by the
agricultural staples of the Southern States, and which will furnish an ad-
vantageous exchange for these productions, to the amount of several mil-
lions of dollars annually, are considerations not to be overlooked. Nor
can we be insensible to the benefit to be derived from the united efforts
of the whole ^So«/7^aided by other States having interests identified with
our own, in bringing about the late adjustment of the Tariff ; promising,
we trust, for the future, that union of sentiment, and concert in action,
which are necessary to secure the rights and interests of the Southern
States. On the whole, in whatever aspect the question is contemplated,
your Committee find, in the late modification of the Tariff', cause for con-
gratulation. If we have not yet succeeded in the complete establishment
of the great principles of free trade and constitutional liberty, such pro-
gress has been made towards the accomplishment of the former, as must
serve to re-kindle our hopes, and to excite us to fresh exertions in the
glorious work of reform iu which we are engaged. Influenced by these
views, the Committee is satisfied that it would not comport with the
liberal feelings of the people of South Carolina, nor be consistent with
the sincere desire by which they have always been animated, not only to
live in harmony with their brethren, but to preserve the Union of the
States, could they hesitate, under existing circumstances, in recommending
that the Ordinance of Nullification, and the acts of the Legislature con-
sequent thereon, be henceforth held and deemed of no force and effect.
And they recommend the following Ordinance.
330 STATUTES AT LARGE
AN ORDINANCE.
Whereas, the Coiigi-ess of the United States, by an Act recently pass-
ed, has jjrovided for such a reduction and modification of the duties upon
foreign imports, as will ultimately reduce them to the Revenue Stand-
ard— and provides that no more Revenue shall be raised than may be ne-
cessary to defray the economical expenses of the Government.
li is therefore Ordained and Declared, That the Ordinance adopted by
this Convention on the 24th day of November last, entitled " An Ordi-
nance to Nullify certain acts of the Congress of the United Slates, pur-
porting to be laws, laying duties on the importation of foreign commodi-
ties," and all acts passed by the General Assembly of this State, in pur-
suance thereof, be henceforth deemed and held to have no force or effect:
Provided, That the act entitled " An act further to alter and amend the
Militia Laws of this State," passed by the General Assembly of this
State on the 20th day of December, 18.32, shall remain in force, until it
shall be repealed or modified by the Legislature.
Done at Columbia, the ffteenth day of March, in the Year of our Lord one
thousand eight hundred and thirty-three, and in the fifty-seventh year of
the Sovereignty and Independence of the United States of America.
ROBERT Y. HAYNE, ^
Delegate from the Parishes of St. Phil- > President of the Convention.
lip and St. Michael. )
ISAAC W. HAYNE, Clerk.
OF SOUTH CAROLINA. 391
convkntion
Documents.
1833.
REPORT,
ON THE MEDIA.T10N OF VIRGINIA.
Tlie Cammittee to icliom were referred the Resolutions of the General Assem-
bly of Virginia, and the roinmunication of Mr. LEKiii to the Governor'
of the State of South Carolina, beg leave to
REPORT :
That, allhougli circumstances have supervened, since the institution of
this Commission on the part of the highly respected Commonwealth
from which it proceeds, which have enabled this Convention to accomplish
the object which her Assembly so anxiously and patriotically had in
view, we are nevertheless sensible of the friendly dispositions and sym-
pathy, which induced the interposition of her good offices, at a moment
when South Carolina, denounced by the Executive of the Federal Gov-
ernment, and threatened with the extremity of its vengeance, stood ab-
solutely alone in the contest she was waging for the rights of the States
and the Constitutional liberties of the country.
To this interference and these friendly dispositions. South Carolina
desires to respond, as a sister, sovereign, and inde])endent Common-
wealth, in a tone of candor, confidence and afi'ection. Appreciating thus
sensibly, both the motive ^nd objects which influenced the General As-
sembly of Virginia, to despatch, at a moment so interesting, her Commis-
sioner to this State, whose mission, even if the recent modification of the
Tariff" had not been adopted, would have challenged her high respect
and profound consideration, she cannot permit the occasion thus offered,
to pass, without making a few declarations which she regards as due to
herself and the public liberty of the country.
In the first place. South Carolina desires to stand acquitted, and be-
lieves, on a calm and dispassionate reflection by her co-States, she must
stand acquitted, of the charge of having acted with any undue precipita-
tion, in the controversy liitherto pending with the General Goverimient.
For ten years she petitioned, protested and remonstrated, against that
system of unjust and unconstitutional Legislation, which had equally
received the reprobation of Virginia, before she resorted to her veto to
forbid its enforcement within her limits. In exercising this faculty of her
sovereignty, she believed she rested on those doctrines which, in 1798
and 1799, had conferred on Virginia and her distinguished statesmen a
renown so unfading. She now refers to this subject in no invidious
spirit of controversy ; but when Virginia asserted, in those memorable
Resolutions of her General Assembly, " that she viewed the powers of
the Federal Government as resulting from the compact to which the
States are parties ; as limited by the plain sense and intention of the
392 STATUTES AT LARGE
Convention instrument constituting tliat compact ; as no further valid than they are
^"Tsss"^^ authorized by the grants enumerated in that compact ; and that, in case
of a deliberate, palpable and dangerous exercise of other powers, not
granted by said compact, the States, who are parties thereto, have the
right, and are in duty bound, to interpose for arresting the progress of
the evil, and for maintaining within their respective limits the authorities,
rights and liberties, appertaining to them" — we conceived she had done
nothing more or less, than announce the remedy which South Carolina
has resorted to, through her State interposition. It is moreover asserted,
in the Report explanatory of hose Resolutions, that this right is a Con-
stitutional, and not a Revolutionary right ; and by the whole context of
the powerful argument embraced in that Report, the right itself stands
forth as separate and independent of the ordinary remedies of procu-
ring a redress for the ordinary abuses of the Federal Govermnent.
When, therefore, the General Assembly of Virginia, in the recent
Resolutions, borne by her Commissioner, which your Committee are
now considering, declares "that she does not regard the Resolutions of
1798 and '99, as sanctioning the proceedings of South Carolina, as indi-
cated in the ordinance of her Convention," with all proper deference.
South Carolina must, nevertheless, adhere, with an honest and abiding
confidence, to her own construction. It is within the providence of
God that great truths should be independent of the human agents that
promulgate them. Once announced, they become the subjects and
property of reason, to all men and in all time to come. Nor will South
Carolina feel less confidence in the conservative character of her reme-
dy, which she believes to be in perfect harmony with a true exposition
of the doctrines of the Resolutions of 1798. by the recent testimony
afforded of its efficacy, in a pacific accommodation of the late controversy
with the Federal Government, although that Government has attempted
to destroy the authority and efficacy of this remedy, by the contempo-
rary passage of an act, perpetrating a worse and more aggi'avated out-
rage on the Constitution, which has again demanded the interposition
of this Convention.
With this brief justification of the principles of South Carolina, your
Committee take leave of the Subject; assuring the ancient and distin-
guished Commonwealth, whose mission has been borne, by her Commis-
sioner, with an ability, temper and affection, entirely corresponding with
her own dispositions, that in the struggles for liberty and right which we
apprehend from the antagonist principles, now fearfully at work, between
those who support a limited and economical system of Government, and
those who favor a consolidated and extravapant one, which the States in
a minority are destined to Wage, she will find, in South Carolina, a faith-
ful and devoted ally, in accomplishing the great work of Freedom and
Union. If she cannot say, witli Virginia, that consolidation and disunion
are equivalent evils, because she believes, Avith their own Jefferson, that
consolidation is the greatest of all political curses to which our Federa-
tive form of Government can have any possible tendency ; she, neverthe-
less, affirms, and challenges the production of any event in her history
to disprove the declaration, that she is devoted to the union of these
States, on the very terms and conditions of that compact out of which the
Union had its origin ; and for these principles she is prepared to peril,
at all times and under all circumstances, the lives and fortunes of her
people.
Your Committee conclude, by recommending the adoption of the
following Resolutions :
OF SOUTH CAROLINA. 393
Resolved unanimously, That the President of this Convention do com-
municate tf) (he Ciovcrnof of Virgini;i, with a copy of this Report and
these Resolutions, our distinguished sense of the patriotic and friendly
motives which actuated her General Assembly, in tendering her media-
tion, in the late controversy between the General Goveniment and the
State of South Carolina; with the assurance that her friendly councils
will at all times command our respectful consideration.
Resolved unanimously, That the President of this Convention likewise
convey to the Governor of Virginia, our high appreciation of the able
and concilliatory manner in which Mr. Leigh has conducted his mission,
during which he has afforded the most gratifying satisfaction to all parties,
in sustaining, towards us, the kind and fraternal relations of his own
State.
VOL. L— 50.
394 STATUTES AT LARGE
Convention
Documents.
1833.
REPORT.
The Committee, to whom iins referred the act of the Congress of the
United States, entitled " An Act further to provide for the collectioji
of duties on imports,'' heg leave to
REPORT,
That tliey have, so far as time would allow, considered the Act with
such attention as the importance of the matters contained in it would
seem to require. At the present moment, when a question, which has
lontr divided and perplexed the countiy, has been adjusted, on terms
calculated to quiet agitation and restore harmony, it would have been
matter of peculiar gratification, to be able to indulge, without restraint,
the feelings which such adjustment was calculated to excite. But your
Committee regret to say, that at the moment of retui'ning peace, the
most serious and alarming cause of dissatisfaction has been offered by
the Act under consideration. Your Committee do most solemnly believe
that the principles sought to be established by ihe Act, are calculated,
when carried into practice, to destroy our Constitutional frame of Gov-
ernment, to subvert the public liberty, and to bring about the utter ruin
and debasement of the Southern States of this Confederacy.
The general purpose of the whole act, though not expressed in the
terms of it, is perfectly well known to have been to counteract and ren
der inefficacious an act of this State, adopted in her sovereign capacity,
for the protection of her reserved rights. Believing, as we most fully
do, that the power attempted to be exercised by the State, is among
the reserved powers of the States, and that it may be exeixised con-
sistently with the Constitution of the United States, an opinion formed
by the good people of this State, upon the fullest and most careful
consideration, and expressed through their Delegates in Convention,
your Committee must on that ground alone, have been convinced that
the purpose of counteracting that act, and the means by which it is sought
to be counteracted, are unauthoiized by the Constitution. We think that
this will become more apparent by attending to the leading provisions of
the Act of Congress.
The Act f)-ives the President of the United States, for a limited time,
an almost unlimited power of controul over the commerce of the whole
United States ; though certainly the power was only contemplated to be
exercised against that of South Carolina.
Jt exempts property is the hands of the officer of the Revenue, alleged
to be detained for enforcing the payment of duties, from liability to the
process of the State Courts.
It exempts a class of persons, residing within a State — officers of the
OF SOUTH CAROLINA. 395
United States, and persons employed by them, or aclinp under their Convkntion
direction, or any other person ])iotessing' to act in execution ot the jg33
Revenue Laws — from all resjionsiljility to llie State laws or State tribu- v.^i-v-^»^
nals, for any crime or wrong, ;vlien it is alleged that the act was done
in execution of" the Revenue Laws or under color theieof.
It gives to the same class of persons, the right to seek redress for
any alleged injury whatever, either to person or projierty, however
foreign to the proper sul>jects of their jurisdiction, in the Courts of the
United States; providoil the injury be received in consequence of any
act done in execution of the Revenue Laws.
It directly supposes all tlie Courts of the State, to be inferior and subor-
dinate to those of the L^nitcd States, and provides for rendering them so,
by directing to them the writ of certiorari su])erceding their jurisdiction.
It aflects to limit and controul the jurisdiction of the Courts of the
State ; providing for the removal of causes from their cognizance ; de-
claring their judgments void, and providing for the discharge of persons
confined under their jji'ocess.
It tyrannically provides for rendering persons liable to punishment
for acts done by them in execution of the laws of the State and the
process of its Courts, to which they are bound to yield obedience, and
which they ai'e compelled, under the highest sanctions, to enforce.
It not only provides for the punishment of persons thus acting, by the
civil tribunals, but authorizes the employment of military force, under
color of executing the laws of the United States, to resist the execution
of the laws of the State ; superceding, with the quick execution
of the Sword, the slower process of Courts.
The act authorizes the confinement of persons in unusual places —
which can only mean on board ships — in which persons from the most
remote parts of the State may be confined.
The Committee believe that all these positions are distinctly sustain-
ed by the Act in question. By the Constitution of the United States,
the power to regulate commerce, is given to Congress. It is an impor-
tant portion of the Legislative power, and, as Legislative power, is
incapable of delegation. Congress has, however', in effect delegated to
the President the power to abolish, at his discretion, any port of the
United States, or interrupt or destroy its commerce. This may easily be
effected, under the authority to remove the custom house to any port or
harbor within the Collection District, by fixing it at incorrvenient or iir-
accessible places. To say nothing of the unusual and ti-emendous charac-
ter of this power, which New York or Philadelphia might perhaps
apprehend, if there were any expectation of its being exercised with
respect to them, and the enormous abuse to which it is liable, does the
Constitution contemplnte or authorize the delegation of this discretion
to an individual? If it were exercised, it would be a plain violation of
that part of the Constitution which directs that, in regulations of com-
merce, no preference shall be ffiven to the ports of one State over those
of another. The same inequality is occasioned by directing the pay-
ment of Cash Duties. It is vain to say that this has been rendered
necessary by the act of the State, and without it the collection of revenue
would be impracticable. Whatever latitude may be allowed in the
selection of means necessary and proper to carry into effect the granted
powers of Congress, we believe no one has yet imagined, that a plain
provision of the Constitution may be violated, as a means of carrying
into effect a power granted by another provision. Although we may
concede the power of Congress, for sufficient cause and in good faith.
396 STATUTES AT LARGE
Convention to abolish one port of entry and establish another, yet we, of course^
cannot concede that it may delegate this power ; or, that the sovereign
act of the State, for the vindication of her reserved rights, constitutes
sufficient cause, or that this act has been done in good faith.
The provision of the Act, that all property in the hands of any officer
or other person, detained under any revenue Law, shall be subject only
to the orders and decrees of the Courts of the United States, plainly en-
acts, that it shall not be subject to any process, order or decree of the
Courts of the State. We have heretofore been accustomed to regard our
Superior Courts as having jurisdiction over all persons and all proper-
ty within the limits of the State. This jurisdiction is, of course, super-
ceded, whenever any other Court of concuiTent juiisdiction has posses-
sion or custody of any cause or any property. But that a ministerial,
executive officer, or that property in his hands, should be exempted from
the jurisdiction and authority of State Courts, we believe to be unpre-
cedented in our legislation, and without any shadow of Constitutional au-
thority.
One of the most extraordinary and exceptionable provisions of the Act,
appears to be that authorizing the removal, previous to trial, of suits or
pi'osecutions from the State Courts, upon affidavit made, and a certificate
of the opinion of some counsellor or attorney to the same effect, that the
suit or prosecution was for, or on account of any act done under the Re-
venue Laws of the United States, or under color thereof, or for, or on
account of any right, authority or title, set up or claimed by any officer or
other person, under any such law of the United States. If there be any
violation of the law of the State — if there be a wrong done to person or
property within the limits of the State — have not the Courts of the State
jurisdiction of that matter] By what authority does the Congress of the
United States limit that jurisdiction 1 What shadow of Constitutional
provision is there to sanction this most flagrant usurpation ] True, such
a violation of the law of the State may, sometimes, be justified, as being
done in execution of a Constitutional law of the United States ; but this
is a matter of defence, to be tried as every other defence is to be tried,
and can have no effect in oustino; the iurisdiction, or in givinor the Courts
of the United States original jurisdiction of offences against the State
laws. So any person is authorized to bring suit in the Courts of the Uni-
ted States, for any injury to person or property, for, or on account of any
act done in execution of the Revenue Laws. The Constitution gives to
the Courts of the United States, jurisdiction of all cases in law and equi-
ty arising under the Constitution and laws of the United States. An as-
sault on the person or trespass to property, is a violation of the laws of
the State. Can it make a difference, that a violation of the State law was
provoked by an act done under color of executing the law of the United
States % The protection of persons and property has, heretofore, been
supposed the province of the States. In assuming to itself this new func-
tion, the Federal Government indicates most clearly its tendency to en-
gross all power, and controul all State authority.
It is plain, likewise, from the various provisions of the Act, that such
suits are intended to be allowed against persons acting in execution of
the process of the State Courts. Judgments of those Courts are de-
clared to be void, and persons and property exempted from their jurisdic-
tion.
It is not only our law but part of the law of the civilized world, that
the judgment of a Court of competent jurisdiction is valid, until it be re-
versed by a competent authority. The judgment of a Superior Court of
OF SOUTH CAROLINA, 397
g-eneral jurisdictibn can never be void for vi^ant of jurisdiction. When Convention
there are Courts of concurrent jurisdiction, lliat which ohtains possession "'^ig^a''^^"'
of the cause is entitled to retain it ; its process must be respected, and all
other jurisdiction is excluded. It is true, that the judgments of Courts
of limited jurisdiction (and such are the Courts of the Qnited States, and
so they themselves have determined) are void, if the jurisdiction be tran-
scended. This distinction would seem to determine whether sovereignty
is to be attributed to the State or to the Federal authority. Hitherto, it
has never occurred to any one to doubt that an officer, acting in execution
of -the process of a Court of general jurisdiction, and all persons acting
under his direction, are exempted from all responsibility for that act. He
is bound under the highest sanction, to execute that process ; and shall he
be punished for performing his duty 1-
If this act were submitted to, the entire administration of the criminal
justice of the State might be interrupted ; and it is not too much to say,
that the State Governments would be rendered impracticable. The worst
criminal — one stained with the guilt of murder — upon making an affidavit
Avhich no such criminal would hesitate to make, and procuring a certificate
which any criminal might easily procure, would be able to elude the cri-
minal justice of the State. His cause must be removed to the Federal
Court ; and when, upon his trial, it shall appear that his act was not done
in execution of the law of the United States, your Committee do not per-
ceive what other consequence can follow, than that he must be acquitted
and go with impunity.
Having taken this view of the provisions of the act in question, the
Committee would submit to the solemn consideration and determination
of this Convention, whether they do not effect an entire change in the
character of our Constitution, and will not, when carried into practice,
abolish every vestige of liberty, and render this an absolute Consolida-
ted Government, without ]i)nitation of powers. It has been tndy said,
that if these things may be done, the most solemn acts of the highest au-
thorities of the State may be regarded as the unauthorized proceedings
of individuals ; the Courts of justice may be shut up; the Legislature
dispersed, as a lawless mob ; and we, ourselves, representing, as we vain-
ly believe, the sovereignty of the State, called to answer for what we
have said and done on this floor, at the bar of a Circuit Court of the
United States. Is this an exaggerated picture 1 Let us examine it a lit-
tle more closely. If these provisions may be made to eniorce the exe-
cution of the Revenue Laws of the United States, they may be made to
enforce any other Act which Congress shall think proper to pass. No
matter how oppressive, how clearly unconstitutional, there is 7io power
in the constituted authorities of the State to resist it. If one class of
cases may be removed from the jurisdiction of the State Courts, any
other class, subject only to the discretion of Congress, may be likewise
removed. If the process of the Courts be void, and the officer executing
it, and those acting under his direction, responsible civilly, or punishable
criminally, the .Judge who directed the process must be answerable in
like manner. He was equally without authority, and having commanded
the act, is a partaker of the guilt. The Legislature who commanded
the act of the Judge, and the Convention of the people in obedience to
whose mandate every thing was done, must have the same participation.
If the sheriff" and his posse, obstructing the execution of the Revenue
Laws, may constitute that unlawful combination and assemblage, on be-
ing notiffed of which the President is authorized to use the military force
of the Ignited States to disperse them, then rhe Courts, the Legislature,
JOS STATUTES AT LARGE
Convention oi' the Convention, in obedience to whose authority alone the sheriff acts,
and who are the efficient causes of the obstruction, are assemblages of
similar, character, and maybe dispei'sed by military force. The whole
purpose of the Act is to confound the acts of the constituted authorities
of the State, however solemn and well considered, Avith the lawless and
irregular acts of individuals or mobs. The certain effect of it must be, to
restrain the States from the exercise of any other authority than such as
Congress, or the sectional majority represented in Congress, shall think lit
to permit them to exercise ; and to ensure the enforcement of every law
which that majority may think proper to enact. It involves the cruelty
and absurdity of making the community responsible to hostile force for its
acts as a community, and the individuals of the community punishable for
their acts in obedience to the laws of their Government ; an obedience
from which they cannot exempt themselves, unless they absolve themselves
from their allegiance, by self-banishment.
That the object of many of the politicians who supported this bill — the
politicians of that majority in whose hands all power will be — is to es-
tablish a Consolidated Government, is now hardly at all disguised. The
chimera of a Government partly consolidated, partly federative, is now
scarcely contended for. Tiie same class of politicians have always had
in view the same object. It was attempted to be effected in the Conven-
tion which framed the Constitution of the United States. The attempt
was there foiled. After the formation of the Government, those who af-
fected Consolidation, assumed the term of " Federal," and denied that the
opinions held by them led to that result. The possession of power,
however, developed their views, and the first marked indication of their
disposition to engross the powers of the States, and medtlle with their in-
ternal concerns, was afforded by the Alien and Sedition Laws. This at-
tempt was so strongly rebuked by public opinion, which led to the change
of administration in ISOO, that the hopes of Consolidation seemed aban-
doned forever. They remained dormant, until revived by the agitations
springing out of our late Pj'otecting System. It was perceived that nothing
less strong than a Consolidated Government could sustain that svstem of
iniquity. Gradually, we have been told that the States have parted with a
portion of their sovereignty; then, that they were never sovereign ; until
at length, availing themselves of the excitement of a particular crisis, and
passion for power, and the influence of an individual, the act before us
has been passed, sweeping away every vestige of State Sovereignty and
Reserved Rights, or causing them to be held at the mercy of the majori-
ty; compared to which, the Alien and Sedition Laws sink into measures
harmless and insignificant.
And what is it to the Southern States, to be subjected to a Consolida-
ted Government *? These States constitute a minority, and are likely to
do so forever. They differ in institutions and modes of industry, from the
States of the majority, and have different, and in some degree, incom-
patible interests. It is to be governed, not with reference to their own
interests or accordinsr to their own habits and feelinofs, but with reference
to the mterests, and according to the prejudices of their rulers, the ma-
jority. It has been truly said that the Protecting System constitutes
but a small part of our controversy with the Federal Government, Un-
less we can obtain the recognition of some effectual Constitutional check
on the usurpation of power, which can only be derived from the Sover-
eignty of the States, and their right to inteipose for the preservation of
their reserved powers, we shall experience oppression more cruel and re-
volting: than this.
OF SOUTH CAROLINA. 399
While there remains within the States any spirit of liberty, prompting Convention
them to repel Federal usurpations, one of the most obvious means to "
break that spirit and reduce the States to subjection, "will be that which
has been attempted by the Act before tis. It will bt^ to create or to sus-
tain, by the patronage of Government or other means, a party within the
State, devoted to Federal power, exempted from responsibility to the
State authorities, and having power to harass and degrade the State au-
thorities, by means of the tribunals of the United Stales. Thus will be
created a (lovernment within a Government, ^vith all the consequences,
which experience informs us, are likely to arise from that state of things,
and such as did arise from the independent ecclesiastical jurisdictions
established within the Governments of Europe. The Federal Govern-
ment will interfere with every department of the State Governments ; it
will influence elections ; it will raise up and put down parlies, as they
shall be more servile to its will. Pretexts for interference will never be
wanting. Already has it been said, that ours is no longer a Republi-
can Government, because the State, in vindicating its Sovereignty, has
refused to entrust with any portion of its authority, those who deny or
refuse to recognize that Sovereignty. Other classes of individuals might
be found, within the State, whom it might suit the majority to suppose
disfranchised, in derogation of true republican pi'inciples, and to require
their interference and protection. This interference will be practiced at
first with moderation, and with some apparent respect for the rights of
the States. Gradually, as the power of the Government shall be estab-
lished, and the Southern States become weakened and less cajiable of re-
sistance, the show of moderation will be thrown off". Thus the peace of
those States will be embroiled ; their prosperity interrupted, their char-
acter degraded; until in the natural progress of things, your Committee
think it not too strong to say, that they will be more miserable, more
utterly enslaved, more thoroughly debased, than any provinces that have
ever been rendered subject by the sword.
In alluding to the oath, which the State has heretofore thought proper
to exact of its citizens, and to one somewhat similar, which the Commit-
tee propose to recommend, they think proper to disclaim, as they do most
solemnly disclaim, on behalf of themselves and the Convention, that this
or any other measure which the Convention has adopted, has been adopt-
ed upon mere party views, to secure party ascendancy, or gratify party
resentment. They appeal to God, that their only object has been to vin-
dicate their just rights and liberties, and the common liberties of the whole
South. This object they have pursued in singleness of purpose ; though
exposed to much obloquy — threatened with much danger, and discounte-
nanced by those from whom they had a right to expect support. They
have never sought to endanger this Union ; but to pei-petuate it by ren-
dering it compatible with, and a security for liberty.
The firmness of the State seems, at length, in some degree, to have
triumphed. But let it be recollected that the moment of triumph is com-
monly one of danger. Let it be kept in mind, that this is not a contest en
ded, but a contest not more than begun, and not to be determined till this
Act shall cease to disgrace the Statute Book. Let this contest be carried
on firmly, steadily, without passion and without faultering. If the vigi-
lance of the State should relax ; if it should cease to raise up barriers
against the head of usuipation, Avhich threatens to overwhelm us, the
torrent will break loose, and sweep our liberties along with it. Let every
man fconsider this his own peculiar business. If liberty be saved, every
thing is saved : if liberty be lost, every thing is lost.
400 STATUTES AT LARGE
As the provisions of the Act have reference only to certain Acts of the
People and Legislature of this State, which have been superceded by the
late modi fication of the Tariff, it could not have been contemplated that
it should have any immediate operation. And your Committee doubt-
ed whether, regarding it as merely a menace, they should recommend
any action upon it, or only that the sentiments of the Convention should
be expressed, in regard to the principles it contains. But most of its pro-
visions are made permanent, and may be put in practice on some future
occasion. The Committee cannot doubt that it expresses the true princi-
ples of many of those who voted for it, and who will seek occasion to re-
duce them to practice. As a precedent, it is most dangerous. The vote
on the very Act, shows how little is to be expected from a majority. It
is incumbent on South Carolina, unsupported as she is, to take care that
no Federal authority, unauthorized by our Federal Compact, shall be
exercised within the limits of the State. For the purpose of providing
that the act shall never have operation or effect, within the limits of the
State, the Committee beg leave to report the following Ordinance.
AN ORDINANCE,
To Nullify an Act of the Congress of the United States, entitled "An Act
further to provide for tlie Collection of Duties on Impm-ts" commonly
called the Force Bill.
We, the People of the State of South Carolina in Convention assem-
bled, do Declare and Ordain, that the Act of the Congress of the United
States, entitled " An Act further to provide for the collection of duties on
imports," approved the 2d day of March, 1833, is unauthorized by the
Constitution of the United States, subversive of that Constitution,
and destructive of public liberty ; and that the same is, and shall be
deemed, null and void, within the limits of this State ; and it shall be the
duty of the Legislature, at such time as they may deem expedient, to
adopt such measures and pass such acts as may be necessary to prevent
the enforcement thereof, and to inflict proper penalties on any person who
shall do any act in execution or enforcement of the same within the limits
of this State.
We do further Ordain and Decla,re, That the allegiance of the citizens
of this State, while they continue such, is due to the said State ; and that
obedience only, and not allegiance, is due by them to any other power
or authority, to whom a controul over them has been, or may be delega-
ted by the State ; and the General Assembly of the said State is hereby
OF SOUTH CAROLINA. 401
empowered, from time to time, when tlioy may deem it proper, to provide Convention
for the administration to the citizens and oHicers of the State, or such of 1833.
the said officers as they may think fit, of suitable oaths or affirmations,
binding them to the observance of such allegiance, and abjuring all other
alleo-iance ; antl, also, to define what .shall amount to a violation of their
allegiance, and to provide the proper punishment for .such violation.
Done hi Convention, at Columbia, the eighteenth day of March, in the year
of our Lord one thousand eight hundred and thirty-three, and in the fif-
ty-seventh year of the Sovereignty and Independence of the United, States
of America.
ROBERT Y. HAYNE, ^
Delegate from the Parishes of St. > President of the Cowention.
"Philip and St. Michael. 1
ISAAC W. IIAYNE, Cleuk.
AN ACT
To modify the act of the fourteenth of July, one thousand eight hundred
and thirty-two, and all other acts imposing duties on imports.
Sec. 1. -Be it enacted by the Senate and House of Kepresentatires of the b^^J^ ^,^^- ?^'
United States of America in Cofigtess assembled, That from and after exceeding 20
the thirty-first day of December, one thousand eight hundred and thirty- per cent, to be
three, in all cases where duties are imposed on foreign imports by the btenniaUv
act of the fourteenth day of July, one thousand eight hundred and strikins off one
thirty two, entitled "An act to alter and amend the several acts ini- ^^""1"' *he
posing duties on imports," or by any other act, shall exceed twenty per '
centum on the value thereof, one tenth part of such excess shall be
deducted ; from and after the thirty-first day of December, one thou-
sand eight hundred and thirty-five, another tenth part thereof .shall be
deducted ; from and after the thirty-first day of December, one thousand,
eight hundred and thirty-seven, another tenth part thereof shall be
deducted; from and after the thirty-first day of December, one thousand
eight hundred and thirty-nine, another tenth part theref shall be deduc-
ted ; from and after the thirty-first day of December, one thou-
sand eight hundred and forty-one, one half of the residue of such excess
shall be deducted ; and from and after the thirtieth day of June, one thou-
sand eight hundred and forty-two, the other half thereof shall be deducted.
Sec. 2. And be it further enacted. That so much of the second sec Duty on plains,
tion of the act of the fourteenth of July aforesaid, as fixes the rate of ^^.'■^^y- ^^■
duty on all milled and fulled cloth, known by the names of plains, cem. ^^^
kerseys, or kendal cottons, of which wool is the only material, the
value whereof does not exceed thirty-five cents a .square yard, at five
VOL. L— .31.
402 STATUTES AT LARGE
Convention per centum ad valorem, sliall be and the same is hereby, repealed.
^°^imi^^^ And the said articles shall be subject to the same duty of fifty per
^^^->j^-^^ centum, as is provided by the said second section for other manufac-
tures of wool ; which duty shall be liable to the same deductions as
are prescribed by the first Section of this act.
Sec. 3. And he it fartlier enacted, That, until the thirtieth day of
June, one thousand eight hundred and forty-two, the duties imposed
by existing laws, as modified by this act, shall remain and continue to
After, &c. be collected. And from and after the day last aforesaid, all duties upon
duties to be imports shall be collected in ready money ; and all credits now allowed
&c. ' by law, in the payment of duties, shall be, and hereby are abolished ;
and such duties shall be laid for the purpose of raising such revenue as
Goods to be may be necessary to an economical administration of the Government;
of entry. ^^'^^ from and after the day last aforesaid, the duties required to be paid
by law on goods, wares and Merchandize, shall be assessed upon
the value thereof, at the port where the same shall be entered, under
such regulations as may be prescribed liy law.
Articles to be Sec. 4. And, he it further enacted. That, in addition to the articles
sT^lSsI^ *^ "°^^' exempt by the act of the fourteenth of July, one thousand
eight hundred and thirty-two, and the existing laws, from the pay-
ment of duties, the following articles imported from and after the
thirty-first day of December, one thousand eight hundred and thirty-
three, and until the thirtieth day of June, one thousand eight hundred
and forty-two, shall also (be) admitted to entry free from duty, to
wit : bleached and unbleached linens, table linen, linen napkins
and linen cambrics, and worsted stuff goods, shawls, and other manu-
factures of silk and worsted, manufactures of silk, or of which silk shall
be the component material of chief value, cqmingfrom this side of the
Cape of Good Hope, except sewing silk.
Articlestobe j^ec, 5. And he it further enacted, Tliat from and after the said
30 1842. thirtieth day of June, one thousand eight hundred and forty-two, the
following articles shall be admitted to entry, free from duty, to wit:
indigo, quicksilver, sulphur, crude salt petre, grind stones, refined
borax, emory, opium, tin in plates and sheets, gum Arabic, gum
Senegal, lac dye, madder, madder root, nuts and berries used in dyeing,
saffron, tumeric, woad or pastel, aloes, ambergris. Burgundy pitch,
cochineal, camomile flowers, coriander seed, catsup, chalk, coculus
indicus, horn plates for lantenis, ox horns, other horns and tips, India
rubber, manufactured ivory, juniper berries, musk, nuts of all kinds,
oil of juniper, unmanufactured rattans and reeds, tortoise shell, tin foil,
shellac, vegatables used principally in dyeing and composing dyes, weld,
and all articles employed chiefly for dyeiny, except allum, coperas,
bichromate of potash; prussiate of potash, chromate of potash, and
3o" W42^ 00*"° '^^^^'^'-^ ^^ lead, aqua fortis, and tartaric acids. And all imports on
certain classes which the first section of this act may operate, and all articles now
of articles. admitted to entry* from duty, or paying a less rate of duty than twenty
per centum ad valorem, before the said thirtieth day of June, one
thousand eight hundred and forty two, from and after that day may be
admitted to entry, subject to such duty, not exceeding twenty per centum
ad valorem, as shall be provided for by law.
*Quere, if the word Jree be not oinitled,-
OF SOUTH OAROLINA. Wi
Sec. G. And be if. further enacted, That so much of the act of the 2y-^;)^|;,''j.'J^,'°g''
fourteenth day of July, one thousand eight hundred and thirty-two, or of 1333
any other act, as is inconsistent with this act, shall be, and the same is >v<^»-v-^^
hereby, repealed : Proridcd, That nothing herein contained shall be so All acts, <fec.
construed as to prevent the passage, prior or subsequent to the said ^^""^'"^^"J^^
thirtieth day of June, one thousand eight hundred and forty-two, of any
act or acts, from time to time, that may be necessary to detect, prevent, or proviso,
punish evasions of the duties on imports imposed by law, nor to prevent
the passage of any act, prior to the thirtieth day of June, one thousand
eight hundred and forty-two, in the contingency either of excess or
deficiency of revenue, altering the rates of duties on articles which, by
the aforesaid act of fourteenth day of .July, one thousand eight hundred,
and thirty two, are subject to a less rate of duty than twenty per centum '
ad valorem, in such manner as not to exceed that rate, and so as to adjust
the revenue to either of the said contingencies.
[Approved, March 2, 1S33.]
NOTE.
The proceedings of Soutli Carolina in opposition to a protecting Tariff', and the threatened
measures of Government in retaliation, seemed likely to produce a difsolution of the Union
by the secession of South Carolina, which would probably have been followed by a similar move-
ment in the other Ami Tariff' States in the South. Mr. Henry Clay of Kentucky, a strenuous
advocate for the protecting system, proposed a compromise, to which, for the sake of peace.
South Carolina acceded : not renonncing her rights or her principles, but not refusing to meet
half way, the advocates of opposing interests. Mr. Clay introduced into Congress the
preceding act, known by the name of Mr. Clay's compromising law ; which I insert here as a
proper close to the history of thi.s dispute. 1 hope and trust, that it will prove in fact, what it
was intended to be, a full and final settlement of the Tariff" Contest ; a contest which adds one
to the many proofs that a Tariff" is a bad mode of raising a revenue, and that a custom house
is a nuisance, and a war-breeder, both at home and abroad.
The FORCE BILL, (passed 2nd March, 1833) claiming the right of coercing into obedience
and submission by hostile armament, any State that should deem it necessary to oppose an
act of manifest usurpation,. still remains among the Laws of Congress, a disgrace to that body
and to every man who gave his voice in its favour. 'Whatever binding force this act of des-
potism may have in Congress, it has none in South Carolina.
Of the preceding documents relating to the Convention, extracted from the Journals of its
two sessions, the first Report is said to have been written by Gen. R. Y. Ilayne — the Ad-
dress to the People of South Carolina, by R. J. Turnbull, Esq. — the Address to the People
of the United States, by the Hon. George M'Duffic — the Iteport on the mediation of Virginia,
by Gen. Jame.s Ilainilton — the Report on the Force Rill, by Judge Wm. ILirpcr. Ed.
404 STATUTES AT LARGE
DOCUMENTS, MEMORANDA, AND ACTS OF ASSEMBLY, RE-
LATING TO THE BOUNDARY LIN/E.
Preliminary Notices.
The Act of the Legislature of South Carolina of 1.5th Dec. 1815,
seems to have put an end tp the long- continued dispute between the two
States of South and North Carolina on this subject. But mistakes may
still arise among the occupants of land on the frontier, as to the course
and direction of that line, in particular places ; and reference is desirable
to the documents of survey : the whole dispute, also, constitutes a part of
the legislative history of South Carolina. I have therefore deemed it not
useless to collect the documents and memoranda relating to this long con-
tested boundary, and to insert a list of such as remain, that they may be
referred to and consulted, should some future occasion call for them.
Ed.
Extract from Governor Drayton'' s Vietv of Soutk Carolma, \ 802, page 3.
Situation of the State. See also, 1 Ramsat/'s Hist. S. C. p. 28.
"South Carolina is situated in North America, between thirty-two de-
grees, and thirty-five degrees eight minutes of North Latitude, and be-
tween one degree twenty-four minutes, and six degrees ten minutes West
Longitude from Washington, the seat of government of the United States
of America.
It is bounded Northwardly by a line commencing at a Cedar Stake
marked with nine notches, on the shore of the Atlantic ocean, near the
mouth of Little River, thence pursuing by many traverses a coui'se, West,
Northwest, until it arrives at a point of intersection in the Apalechean
Mountains. From thence due South until it strikes Chatuga, the most
Northern branch or stream of Tugoloo river. Thence along the said
River Tugoloo, to it confluence with the River Keowee. Thence along
the River Savannah until it intersects the Atlantic ocean, by its most
Northern mouth. Thence North-eastwardly along the Atlantic ocean,
(including the Islands) until it intersects the Northern boundary near the
entrance of Little River. These boundaries include an area, somewhat
Ol'^ SOUTH CAK'OLINA. -10''
tiianqiilav, of abdiiUAvculy-four tliousaiul and figbty square miles ; where- ^^^J^^l^^^^^^
of nine thousand live huniJred and sevenly lie above the falls of the rivers,
and fourteen thousand five hundred and ten are between the falls and the
Atlantic ocean. Hence, North C/arolina stretches along hei North-east-
ern and Northern frontier ; Tennessee along her North-western ; and
Geoigia along her Southern frontier.
B// lo/eat autliorltij.
The authorities from whence these boundaries arise, are —
1st. The ancient charters from the Crown of Great Britain.
2d. Their resumption by, and surrender to, ihe Crown of Gieat Ihi-
lain.
3d. The Treaty of Paris in 1763.
4th. The royal instructions to the Governors of South and North Caro-
lina, by whom Conmiissioners were appointed, who ran the boundary line
between those States in the years 17G1 and 1772.
5th. The definitive treaty of peace between the United States of Ame-
rica, and his liritannic Majesty, done at Paris in the year 1783.
6th. By the settlement of Jioundary between South Carolina and Geor-
ffia, done at J3eaufort, by Commissioners duly appointed from either
State for that purpose.
7th. By cession of the Western temtory of the State towards the Mis-
sissippi to the United States of America, in pursuance of an Act of the Le-
gislature of the State passed for that purpose in the year 1787.
8th. By Indian Treaties."
The " Ancient Charters" above alluded to by Governor Drayton, he has
enumerated in the following note to page 3, viz —
" The first Charter that appears to have been granted for North America
including any part of South Carolina, was by Queen Elizabeth to Sir
Humphrey Gilbert, dated the 11th of June, 1576. See Stitlis History of
Virginia, p. 4.
In the year 1584, another Charter was given by Queen Elizabeth to
Ml". Raleigh, afterwards Sir Walter. Anderson'' s History of Commerce,
vol. 2, p. 157, 158.
In 1G06 King .lames the first granted another Charter, including a pait
of South Carolina, to Sir Thomas Gates and others : and in 1612 by ano-
ther Charter he extended the privileges of that Company. See Sfith's
History of Virginia, p. 329, as also the above Charters in the Appendix
at the end of that Book."
The Province of Carolina, including originally the teriitory now called
the Slates of North and South Caioliua, was granted to eight Propiietors,
as may be seen in the two Charteis of Charles the Second, already here-
in inserted. On the 25th of July, 1729, seven of the eight Proprietors
surrendeied to the King, under the authority of an Act of Parliament, 2d
George 2d, Ch. 34, also inserted in this Collection. Lord Carteret, (after-
wards Lord Granville) the eighth Projirietor, did not resigii till the ]7th
Sept. J 744, the date of the third Charter of JSorth Carolina. After the
resignation of the seven Proprietors in July, 1729, the Govenuuent be-
came regal, and the Province of Carolina was divided into North and
South Carolina, by an order of Council, which I cannot procure. Lord
Carteret's eighth part, subsequently surrendered in 1744, was located by
Commissioners appointed by him and the King, next adjoining Virginia;
bounded North by the Virginia line. East by the Atlantic, South by lati-
tude 35 degrees 34 minutes Noith, and West as far as the bounds of the
Charter. (See note at the end of the second Charter of South Carolina.)
106 STATUTES AT LARGE
That part of the Province of Carolina, described generally as lying South
and West of Cape Fear, became South Carolina. Before the division
directed by the order of Council, into North and South Carolina, the re-
presentatives that met at Charlestow^n, in the Provincial Assembly, met as
the representatives of the South and West jwrl of the Province of Caro-
lina. Thus, m the act of Assembly passed " for the determination of the
General Assemblies, and for preventing the inconveniences happening by
the long intermission of General Assemblies," 20th June, 1694, Trott's
Laws, p. 36, it is said, that the Assembly met at Charlestown for the South-
west part of the Province, and by authority of the same ; and so they con-
tinued to meet. The act authorizing the revolution of 1719 under Gov.
John Moore, (23d Dec. 1719) was passed by the "Assembly in the settle-
ment of South Carolina."
John^ Archdale in 1696 was Governor of North and South Caro-
lina. So was Sir Nathan Johnson in 1703, and Col. Edward Tynte
in 1710. The third Charter of North Carolina, dated 17th Sept.
1744, mentions the . respective Governors of North and South Caro-
lina ; which two Colonies were not formally divided as above mentioned
until the order of Council soon after the resignation of the seven Proprie-
tors in 1729. But many disputes arose, before the boundary line of North
and South Caiolina was finally settled, which did not take place till ISl.'i.
I can find no document filed in the offices at Columbia, respecting the
Boundary Line, till the dispute occurred between Governor .Johnson
of South, and Governor Burrington of North Carolina ; of which, the
following memoranda were furnished to me by Bcnjanvm Elliot, Esq. of
Charleston, March, 1835.
" The first dispute concerning this Boundary Line appears to have oc-
" curred in 1732, when Governor Burrington of North Carolina issued the
" following notification of his idea of the true boundary.
Timothy's Southern Gazette, Oct. 21, 1732.
" Notification of George Burrington, Governor of North Carolina.
" I am informed that several persons in South Carolina, have taken out
" warrants there, to survey lands on the North side of Wackamaw river,
" and on the lauds formerly possessed by the Congerree Indians, which
" are within this government. Therefore to prevent unadvised people
" from parting with their money to no purpose, and to give satisfaction
" to all persons whom it may concern, I have transcribed his Majesty's
' instruction for ascertaining the bounds of the two governments of North
" and South Carolina.
" The King's instructions, 104.
" And in order to prevent any disputes thai may arise about the South-
" ern boundaries of our Province under your government, we are gra-
" ciously pleased to signify our pleasure that a line shall be run by Com-
" missioners appointed by each Province, beginning at the Sea, thirty
" miles distant from the mouth of Cape Fear River, on the South-wes't
" thereof, keeping at the same distance from the said river, as the course
" thereof runs to the main source or head thereof, and from thence the
" said boimdary line shall be contiiuied due West as far as the South Seas.
" But if Wackamaw lies within thirty miles of Cape Fear River, then
" that river to be the boundary from the Sea to the head thereof, and from
" thence a due West course to the South Seas."
" X-^or the satisfaction of all men that bought land of the late Proprie-
" tors (before the King's purchase was compleated) scituated on the North
" side of Wackamaw River, in any other part between Cape Fear River
" and the line given by liis majesty to this govermuent, 1 give notice their
OF SOUTH CAROLINA. 407
"rights aiul titles to all lands so purchased as aforesaid, are deemed and
" allowed to be good and lawful by this government.
" N. B. The above recited instruction, is the same in his Excellency Go-
" vernor Johnson's and mine, except the word "Southern" beibre boun-
" daries, which is altered to Northern in his. The head of Wackamaw
" river is within ten miles of Cape Fear River, and is not distant so
" much as thirty miles in anj/ place, but a few miles before it runs into
" Winyaw Jiay.
"North Carolina, Sept. 11, 17.'J2. George Burrington."
" The above is transcribed verbatim from the Gazette of the day.
" To this, Robert .lohnson. Governor of South Carolina, issued a counter-
" proclamation, which follows, copied from Timothy's Southern Gazette,
" Nov. 4, 17:52.
" Governor Johnson of South C'arolina. I being very much surprized
"at his Excellency Governor Burrlugton's advertisement in this paper of
" the 21st instant, lelating to the boundaries of the two Colonies of North
" and South Carolina, and his manner of interpreting his Majestv's in-
" structions relating thereunto, tliink proper for the better information of
" those concerned, to publish what I know concerning the intention of
" his Majesty's said instruction, which is as follows :
" Governor Bunington and myself, were summoned to attend the board
" of Trade, in order to settle the boundary of the two Provinces. Go-
" vernor Burrington laid liefore their Lordships Col. Moseley's Map, de-
" scribing the Rivers Cape Fear and Wackamaw, and insisted upon Wack-
" amaw river being the boundary from the mouth to the head thereof, &c.
"We of South Carolina, desired their Lordships would not alter their first
" resolution, which was thii-tj miles distant from the mouth of Cape Fear
" River on the South-west side thereof, &c. as the first instruction pub-
" lished by Governor Buri-ington sets forth ; and their Lordships conclu-
" ded that that should be the boundary, unless the Mouth of Wackamaw
" River was within thirty miles of Cape Fear River ; in which case, both
" Governor Burrington and myself agreed Wackamaw River should be
" the boundary. And I do apprehend the word Mouth being left out of
" the last part of the instruction, was only a mistake in the wordino- of it.
" And I think proper farther to inform those it may concern, that I have
" acquainted the Right Honorable the Lords of Trade, of the difterent
" interpretations Governor Burrington and myself, have put on his Ma-
" jesty's aforesaid instruction, and have desired his Majesty's further
" order.
November 1, 1732. R. Johnson."
Among the documents relating to the l^oundary line now in the Office
of Sccrctari/ of State at Cohimhia, 1 find the following, viz.
Agreement between the Governors of South and North Carolina con-
cerning the Boundary Line, 23d April, 1735.
Journal of Council, 21st November 17G3, recommending to have the
Catawba lands surveyed according to the Treaty of August 1763.
Deliberations of the Council of South Carolina, explaining the provi-
sions of a Treaty with the Cherokces, of 18th December 1761, respecting
a bouiuiary line. See Book C G, 13 Dec. 1805.
Royal Instructions dated 29th April 1763, respecting the boundary
line between North and South Carolina. (Certified liy P. Hamilton
ISth Dec. 1805.)
Map of land relating to Fort Lyttleton, 12th Dec. 1764.
Copy of the King's additional instructions to Lord Charles Gre-
villc Montague, for running the boundary line, 7th June 1771.
408 STATUTES AT LARGE
Another copy of the same, dated 10th June 1771.
The boundary line between the two States had been run, in pui'SU-
ance of the royal instructions, in the years 1764 and 1772, (Drayton's
view of South Carolina, p. 3.) and the line was supposed to be estab-
lished between the two Colonies on 4th June 1772, by James Cook and
Ephraim IMitchell, surveyors, and William Moultrie and William Thomp-
son, commissioners on the part of South Carolina; and Thomas Ruth-
erford and Thomas Polk, Surveyors, with Joseph Rutherford and
William Dry, Commissioners on the part of North Carolina. Of this
line of 1772, there is a copy in the office of the Secretary of State at
Charleston, certified by Mr. Tillinghast, Surveyor General, 20th Nov.
1820 ; of which the original is declared to be (by certificate) at Co-
lumbia. I have not been able to find it there.
Governor Martin's Letter, 2nd Jan. 1772, on the subject of ap-
pointing Commissioners in pursuance of the Kings instructions.
Map of the new acqusitions ofi:^ the Counties of Mecklenburgh and
Tryon, 4th June 1772.
Account of expences of running the boundary line betAveen North
and South Carolina, 10th June 1772.
Extract from the representation of the Board of Trade to his Majes-
ty, 20th .Tune 1774.
Report of Mr. M'Allister on the boundary line between North and
South Carolina, 20th December ISOO.
Governor Drayton to Governor Williams, on the contested boundary
line, Dec. 31st 1800.
Governor Drayton to Major. Pinckney, on the same, February 6th
1801.
Letter of B. Williams on the same, .January 20th 1801.
B. Williams to Governor Drayton, on the same, 20th February
1801.
J. Drayton to Hugh Rose, Esq. on the same, 20th February
1801.
Hugh Rose to Governor Drayton, in reply, May 19th 1801.
Gxivernor Williams to Governor Drayton, on the same, March 20th
1801.
Letter of postponement from the Governor of North Carolina, 3rd
Ap. 1801.
Letter from the Governor of North Carolina, July 16th 1801.
Message from, Governor Drayton to the House of ReiDresentatives.
November 3d 1801.
Message on the boundary line, December 10th 1801.
Act concerning the line of division between this State and North Caro-
lina, 21st December 1804. See public Laws.
Copies of the correspondence between Governor Paul Hamilton of
South Carolina, and Governor James Turner of North Carolina, respec-
ting the Boundary Line, in the years 1804 and 1805.
Appointment of Thomas Sumter, Commissioner on the Boundary
Line, by Gov. Paul Hamilton, 12th August 1805, in pursuance of an
Act of the Legislature of the preceding Session.
Governor Paul Hamilton to J. Pringle, Attorney General, concern-
ing the Boundary Line, 25th Sept. 1805.
Letter of Judge Bay, concerning the same, 26th Sept. 1805.
Governor Paul Hamilton to Thomas Sumter, September 30th 1805.
Schedule of Papers on the contested boundary, delivered to the Com-
missioners at Lancaster, 20th November 1805.
OF SOUTH CAROLINA. 409
Convention between North and South Carolina, 11th July 1805.
Report of the Commissioners, Thomas Sumter and Dr. Jilythe, No-
vember 1, 1806, sec pamplilet laws of South Carolina, December
Session 1807, paqo 118. The original is not now remaining in the offices
at Columbia.
Convention between North and South Carolina, on the boundary line,
4th September 1813.
Report of the Commissioners appointed at the last Session of the
Legislature, (1813) to run the division line between Kershaw and
Lancaster, 20th May 1814.
Copy of Mr. Salmon's field notes, Sep. 15th ISlo.
Report of the Commissioners on the Boundary line, 2d November
1815, and in Miscell. Records, C. p. 236.
15th December 1815, Act of Assembly of South Carolina confirming
the same : included in the public Laws, and which is the last document
on the subject.
Documents relating to the houndary line between South Carolina and
Georgia, viz.
Convention between the States of South Carolina and Georgia, dated
April 28th 1787.
Act of the Legislature of Georgia, ratifying the boundary agreed
on between the two States, February 1st 1788, concluded at Beau-
fort.
Act of the Legislature of South Carolina, to the same purpose, 29th
February 1788. Grimke's public Laws, p. 460.
Documents relating to the boundary between South and North Carolina,
to bejbimd in the Acts of the North Carolina Legislature, and in the office
of tJie Secretary of State at Raleigh, North Carolina.
Laws of North Carolina, quarto edition of 1804, p. 8. The great
Deed of Grant, A. D. 1668.
Same edition, v. 2. p. 214, Act of the Legislature appointing Com-
missioners to extend the boundary line, between North and South
Carolina, A. D. 1803. Laws of North Carolina, Svo. edition of 1821.
An act to amend an act, empowering the Governor to treat with
South Carolina and Georgia, on the subject of Boimdary, p. 1013, and
ihe marginal references. A. D. 1804.
Agreement between this State and South Carolina, p. 1315, being an
act to appoint Commissioners to run the boundary line, A. D. 1814.
Act of the Legislature ratifying the same, p. 1318. A. D. 1815.
Communication from Governor Swain of North Carolina, to Dr.
Thomas Cooper, Raleigh, 27th March 1835.
*' The first survey was made in 1735, under the authority of the royal
government; a copy of that survey is in the Secretary of State's office,
obtained from London about 30 years ago. ft commenced at the mouth
of Little River, on the sea shore, was extended in a north west direc-
tion, 64^^ miles, to a point two miles north west of one of the branches
of little Pedee. In 1737 the line was extended in the same direction,
22 miles, to a stake? in a Meadow, which was erroneously supposed to be
at the point of intersection with the 35th degree, of north latitude.
The entire length of the two lines is 86 miles 174 poles. Of the latter
line, the original is in London, and we have a certified copy only.
The names of the Commissioners are not attached to either plat.
"In 1764, 24th September, .lames Moore, George Pawley, Samuel
Wiley, and Arthur Mackav, under the direction of Governor Dobbs of
A^OL. I.— 5-2.
410 STATUTES AT LARGE
North Carolina, and Governor Bull of South Carolina, extended the
boundary due west from the stake at which the line of 1737 terminated,
the distance of 62 miles, intersecting the Charleston road at 61 miles, to
a point near the Washaw Creek. The original plat of survey is in the
office.
"In 1772, the line was extended from this point, under the authority of
Governor Tryon, to the Tryon mountain ; and the controversy which,
commenced with the formation of our Constitution, and was unsettled
until 1813, between this State and South Carolina, grew out of it. The
line then designated, is part of the present boundary of the State,
though the running was obviously erroneous, and operated gi"eatly
to the injury of North Carolina. We have no copy of this survey.
"In 1813, the first eight miles of the line of 1772, beginning near the
Charleston road, and ending at the Gum, on the banks of twelve mile
creek, was re-run under the superintendence of John Steele, Montfort
Stokes, Robert Burton, commissioners on the part of this State, and Jo-
seph Blythe, Henry Middleton, and John Blassingame, Commissioners
on the part of South Carolina. Original survey in the office.
"In 1815, the line was extended from the termination of the line of
1772. Beginning at the Rock near the Tryon Mountain, and ending at
the point of intersection with the boundary of Georgia, in the 35th
degree of north latitude, designated by a Stone marked latitude 35,
A. D. 1813, planted on the east bank of Chataga river. The length of
this line is 74 miles, 189 poles. It was run under the direction of
Thomas Love, Montfort Stokes, John Patton, of North — and Joseph
Blythe, John Blassingame, and Geo. W. Earle, of South Carolina. This
survey is on the file.
Yours very respectfully,
Dt S. SWAIN."
Addressed to Joseph G. Cogswell, Esq. (for Dr. Cooper.)
EDITOR.
OF SUUTH ('AROLINA. 411
AN ORDINANCE,
For ratifijing and conftrming a Convmtion hcticeen the States of South Caro-
lina and Georgia, concluded at Beaufort, in the State of South Carolina,
on the 2Stk day of April, 1787, and in the 11th year of the Independence
of the United States of America.
Whereas, the State of South Carolina did heretofore present a petition
to the United States in Congress assembled, and did therein set forth,
that a dispute and difference had arisen and subsisted between the States
of South Carolina and Georgia concerning boundaries, the said States
claiming respectively the same territories, and that the case and claim of
the State of South Carolina was as follows, that is to say, " Charles the
II, King of Great Britain, by charter, dated the 24th day of March, in
the 15th year of his reign, granted to 8 persons therein named, as lords
proprietors thereof, all the lands lying and being within his dominions of
America, between 31 and 36 degrees of north latitude, in a direct west
line to the South Seas, stiling the lands so described, the Province of
Carolina : That on the 30th day of June, in the 17th year of his reign,
the said King granted to the said lords proprietors a 2d charter, enlarging
the bounds of Carolina, viz. from 29 degrees of north latitude to 36 de-
grees 30 minutes, and from those points on the sea coast west in a direct
line to the South Seas : That 7 of the said proprietors of Carolina sold
and surrendered to George the II, late King of Great Britain, all their
title and interest in the said Province, and the share of the remaining
proprietor was separated from the King's, and allotted to him in the north
part of North Carolina: That Carolina was afterwards divided into 2
Provinces, called North and South Carolina ; That by a charter dated the
9th of June, 1732, George the Ild, King of Great Britain, granted to
certain persons therein named, all the lands lying between the rivers Sa-
vannah and Altamaha, and between lines to be drawn from the heads of
those rivers respectively to the South Sea, and stiled the said colony
Georgia : That by the treaty of peace concluded at Paiis, on the 10th
day of February, 1763, the river Mississippi was declared to be the west-
ern boundary of the North American colonies : That the Governor of
South Carolina, in the year 1762, conceiving that the lands to the south
of the Altamaha still belonged to South Carolina, granted several tracts
of the said land : That the government of Georgia complained to the
King of Great Britain respecting those grants, as being for land within
its limits, and thereupon his Majesty, by proclamation, dated the 7th day
of October, 1763, annexed to Georgia all the lands laying between the
rivers Altamaha and St. Mary, the validity of the grants passed by the
Governor of South Carolina as aforesaid, lemaimng however acknow-
ledged and uncontested, and the grantees of the said land or their repre-
sentatives still holding it as their legal estate : That South Carolina
412 STATUTES AT LARGE
claims the land lying between the North Carolina line and a line to run
due-west from the mouth of Tugoloo river to the Mississippi, because as
the said State contends, the river Savannah loses that name at the conflu-
ence of Tugoloo and Keowee rivers, consequently that spot is the head of
Savannah river : The State of Geoi'gia on the other hand contends, that
the source of Keowee river is to be considered as the head of Savannah
river : That the State of South Carolina also claims all the lands lying
between a line to be drawn from the head of the river St. Mary, the head
of Altamaha, the Mississippi and Florida, being, as the said State con-
tends, within the limits of its charter, and not annexed to Georgia by
the said proclamation of 1763 : The State of Georgia on the other hand
contends that the tract of country last mentioned is a part of that State :
The State of South Carolina did therefore by their said petition pray
for an hearing and determination of the difference and dispute subsist-
ing as aforesaid between the said State and Georgia, agreeable to the
articles of confederation and perpetual union between the United States
of America : And icheieas, the State of Georgia were duly notified of
the said petition, and did by their lawful agents appear in order to es-
tablish their right to the premises in manner directed by the said articles
of confederation, and proceedings were thereon had in Congress in or-
der to the appointment of judges to constitute a court forbearing and
determining the said matter in question : And ichereas, it appeared to be
the sincere wish and desire of the said States of South Carolina and
Georgia, that all and singular the differences and claims subsisting be-
tween the said States relative to boundary, should be amicably adjusted
and compromised : And whereas, the legislature of the State of South
Caiolina did elect Charles Cotesworth Pinckney, Andrew Pickens and
Pierce Butler, Esqrs. commissioners, and did invest them or a majority
of them with full and absolute power and authority in behalf of that
State to settle and compromise all and singular the differences, contro-
versies, disputes and claims which subsist between the said State and the
State of Georgia relative to boundary, and to establish and permanently
fix a boundary between the 2 States : And the said State of South Caro-
lina did declare, that it would at all times thereafter ratify and confirm all
and whatsoever the said commissioners or a majority of them should do
in and touching the premises, and that the same should be forever bind-
ing on the said State of South Carolina : And whereas, the legislature of
the State of Georgia did appoint John Houston, John Habersham and
Lachlan M'Intosh, Esqrs. commissioners, and did invest them with full
and absolute power and authority in behalf of that State to settle and
compromise all and singular the differences, controversies, disputes and
claims which subsist between the said State and the State of South
Carolina relative to boundary, and to establish and permanently fix a
boundary between the 2 States : And the said State of Georgia did also
declare, that it would at all times thereafter ratify and confirm all and
whatsoever the said last commissioners or a majority of them should
do in and touching the premises, and that the same should be forever
binding on the said State of Georgia : And tthereas, the said Charles
Cotesworth Pinckney, Andrew Pickens, Pierce Butler, John Habersham,
and Lachlin M'Intosh, Esqrs. Commissioners on the part of the States
of South Carolina and Georgia i-espectively, did by mutual consent as-
semble at the town of Beaufort, m the State of South Carolina, on the
24th day of April, 1787, in order to the due execution of their respect-
ive trusts, and did reciprocally exchange and consider their full powers,
and did declare the same legal and forever binding on both States, and
OF SOUTH (CAROLINA, 413
in conterrliig on the Tuost uHectual moans of adjustiiiL'' the tlifierences
subsisting between the said States, and of establishing and permanently
fixing a boundary between them, did mutually agree for and in behalf
of their respective States to the following articles, that is to say —
Article I. The most northern branch or stream of the river Savannah
from the sea or mouth of such stream to* the fork or confluence of the
rivers now called Tugoloo and Keowee, and from thence the most
northern branch or stream of the said river Tugoloo till it intersects the
northern boundary line of South Carolina, if the said branch or stream
extends so far north, reserving all the islands in the said rivers Tugoloo
and Savannah to Georgia; but if the head spring or source of any branch
or stream of the said river Tugoloo does not extend to the north boun-
dary line of South Carolina, then a west line to the Mississippi to be
drawn from the head spring or source of the said branch or stream of
Tugoloo river, which extends to the highest northern latitude, shall for-
ever hereafter form the separation, limit and boundary between the States
of South Carolina and Georgia.
Art. II. The navigation of the river Savannah at and from the bar
and mouth along the north-east side of Cockspur island, and up the di-
rect coui'se of the main northern channel along the northern side of
Hutchinson's island opposite the town of Savannah to the upper end of
the said island, and from thence up the bed or principal stream of the
said river to the confluence of the rivers Tugoloo and Keowee, and from
the confluence up the channel of the most northern stream of Tugoloo
river to its source, and back again by the same channel to the Atlantic
ocean, is hereby declared to be henceforth equally free to the citizens of
both States, and exempt from all duties, tolls, hinderance, interruption or
molestation whatsoever, attempted to be enforced by one State on the
citizens of the other ; and all the rest of the river Savannah to the south-
ward of the foregoing description, is acknowledged to be the exclusive
right of the State of Georgia.
Art. III. The State of South Carolina shall not hereafter claim any
lands to the eastward.t southward, south-westward, or west of the boun-
dary above established, but hereby relinquishes and cedes to the State of
Georgia all the right, title and claim which the said State of South Caro-
lina hath to the government, sovereignly and jurisdiction in and over the
same, and also the right and pre-emption of the soil from the native In-
dians, and all other the estate, property and claim which the State of
South Carolina hath in or to the said lands.
Art. IV. The State of Georgia shall not hereafter claim any lands to
the northward and north-eastward of the boundary above established, but
hereby relinquishes and cedes to the State of South Carolina all the
right, title and claim which the said State of Georgia hath to the govern-
ment, sovereignty and jurisdiction in and over the same, and also the
right of pre-emption of the soil from the native Indians, and all other the
estate, property and claim which the State of Georgia hath in or to the
said lands.
* There is a manifest mistake in Grimke's edition of this Act, Public Laws, p. 460 ; the'word
IN, ought to be, TO. In the Digest of the Laws of Georgia by Robt. and Geo. Waikins, neither
the word in, or the word to is inserted; nor any substituted. The passage in that digest
reads thus: and from thence the most northern branch or stream of the river
Tugoloo. The Editor has printed from the original manuscript Act.
t This is a manifest mistake ; for the whole of South Carolina is actually situated to the Eastef
the described boundary. The same mistake is found in Robert and Geo. Watkin's Digest of
jhe Laws of Georgia p. 754.
414 STATUTES AT LARGE
BouNDAiiY Jlrt, V. The lands heretofore granted by either of the said states be-
tween the forks of Tugoloo and Keowee, shall be the private property of
the first gi'antees and their representative heirs and assigns ; and the
grantees of any of the lands under the State of Georgia shall within 12
months from the date hereof cause such grants or authentic copies there-
of, ratified under the seal of the State of Georgia, to be deposited in the
office of the Secretary of the State of South Carolina, to the end that
the same may be recorded there, and after the same shall have been so
recorded, the grantees shall be entitled to receive again from the said
Secretary their respective grants or the copies thereof, whichsoever may
have been so desposited, without any charge or fees of office whatsoever,
and every grant, or of which the copy certified as abovementioned, shall
not be so deposited, shall be adjudged void.
Art. VI. The Commissioners on the part of the State of South Caroli-
na do not by any of the above articles mean to cede, relinquish or weak-
en the right, title and claim of any of the individual citizens of the State
of South Carolina to any lands situated in Georgia, particularly to the
lands situated to the south or south-west of the river Altamaha, and gi'ant-
ed during the administration of Governor Boone, in the year 1763, and
they do hereby declare, that the right and title of the said citizens to the
same, is and ought to remain as full, strong and effectual as if this con-
vention had not been made. The commissioners on the part of the State
of Georgia do decline entering into any negociation relative to the lands
mentioned in this article, as they conceive they are not aulhoiised so to
do by the powers delegated to them.
Be it therefore ordained hy tlie Honorahle the Senate and House of Re-
presentatives in General Assembly met, and hy the authority of the same.
That the said convention and all the articles thereof shall be forever
binding on the State of South Carolina, and that the same is hereby fully
and absolutely ratified and confirmed.
In the Senate House, the twenty-ninth day of February, in the Year of our
Ijord one thousand seven hundred and eighty-eight, and in the twelfth
Year of the Independence of the United States of America.
JOHN LLOYD,
President of the Senate.
JOHN JULIUS PRINGLE,
Speaker of the House of RepresefUatives.
OF .SOUTH CAROLINA. 415
AN ACT
Concerning the line of division between this State and the
State oe Noktii Carolina.
WHEREAS, at a time when South Carolina and North Carolina
acknowledged the sovereignty of the British Government, a line was
run under the authority of the said government, by commissioners duly
appointed, and the boundaries between the then jjrovinces, (now states)
aforesaid, clearly ascertained and fixed ; and from that period until the
present time, the country has exercised constant and uninterrupted juris-
diction over all the inhabitants who have resided within the lines which
were then ascertained, and acknowledged to be the lines of South
Carolina : And wJicrcas, never tJ/eless, the State of North Carolina
hath at sundry times, manifested a desire to ascertain and designate the
line which is the boundary between the two states : And ic/iereas, it is
unknown to this general assembly what the specific claims set up by the
said state of North Carolina, in this behalf are ; but being sincerely desi-
rous that all claims and differences between this state and the state of
North Carolina, should be ascertained and adjusted in the most amicable
manner, will appoint commissioners to ascertain and fix the same.
Beit therefore enacted by the /ionorahle the Senate and Mouse of Representa-
tives, of the State of South Carolina, now met and sitting in general
assonhly, and by the authority of the same, That three commissioners Commissioners
be appointed by his Excellency, the Governor or Commander-in-Chiefto be appointed,
of this state for the time being ; and full power and authority is hereby
given unto them, or a majority of them, to meet the commissioners who
already are, or hereafter may be appointed by the state of North Carolina,
at such time and place as the executives of the said states shall appoint
and direct ; and with them to settle and adjust all and singular the differ-
ences, disputes, controversies and claims whatsoever, respecting the
territory and boundaries between this state and the state of North
Carolina: And that whatsoever the said commissioners hereby appoin- Their acts to be
ted, or a majority of them, shall do or cause to be done in the premises, binding, when
shall become binding and obligatory to all intents and purposes whatso-/^''jg\3(^j.g_
ever, on the said state of South Carolina, so soon as the same shall be
ratified and confirmed by the legislature thereof, and not before.
And be it further enacted by the authority aforesaid. That the saidcommis- Powers of the
sioners, or a majority of them, shall Have full power, and they are hereby ®?"^ commis-
authorized to employ such and so many persons as they shall deem ne-
cessary, for the purpose of carrying this act into complete effect, accor-
ding to the true intent and meaning thereof.
A7id he it further enacted, by the authority aforesaid. That in case How vacanciea
of death, resignation, incapacity or refusal to act, of all or either of the are to be filled,
commissioners so to be appointed, his excellency the governor or com-
416 STATUTES AT LARGE
mander-ln-cbief for the time being, shall have full power, and he is
hereby required, from time to time, to appoint another fit and proper
person, to act in the place and stead of the commissioner who shall die,
resign, remove, become incapable or refuse to act.
Powers of And he it further enacted by the autJioritij aforesaid, That every corn-
persons appoin- missioner so to be appointed by the governor or commander-in-chief
doners"™'"'^ for the time being, as is herein before directed, shall have, and is here-
by invested with full powers, to all intents and purposes whatsoever, to
carry the said act into full and complete effect, according to the true
intent and meaning thereof.
Govornoi to And he it further enacted hy the authority aforesaid, That his excellen-
notify the ^y the governor or commander-in-chief for the time being, as soon as
of the time and ^'^ shall have agreed with the executive of North Carolina, on the time
place of their and place of meeting of the commissioners of this state, with the com-
meeting. missioners of the state of North Carolina, shall notify them thereof, and
commission them under his hand and the seal of this state, to carry this
act into effect.
Provided nevertheless, and he it also enacted hy the authority aforesaid.
That nothing herein contained, shall be construed so as in any manner to
invalidate, or impair, or impugn the right or title which the said state
of South Carolina hath to the whole, or any part of the said disputed
territory, until the State of North CaTolina shall have so altered her bill
of rights, as to enable the legislature thereof to ratify and make valid to
all intents and purposes, all and singular the actings and doings of the
said commissioners, appointed or to be appointed, on the part of the state
of North Carolina.
In the Senate House, the ticenty first day of Decemher, in the year of our
Lord one thousand eight hundred and four, and in the twenty-ninth year
of the Sovereignty and Independence of the United States of America.
JOHN WARD, President of the Senate.
W. C. PINCKNEY, Speaker of the House of Rcjiresentatives.
AN ACT,
For ratifying and confirming a provisional agreement entei'ed into between
the State of South Carolina and the State of No?-th Carolina, concluded at
M' Kinney's, on Toxaway River, on the fourth day of Septeviber, in the
year of our Lord one thousarid eight hundred and thirteen.
Whereas, commissioners on the part of the state of South Carolina,
and on the part of the state of North Carolina, being duly and properly
authorized, did meet at M'Kinney's, on the Toxaway river, in the state of
OF SOUTH CAROIJNA. 417
i^outh Cavoliua, on the fourth day of Septeinher, in the year of our Lord Boundary
one thousand eight hundred and thirteen, and did make and enter into a ^ ^^.-^^-^^^^
provisional article of agreement relative to the boundary line, in the fol-
lowing words, viz.
" A provisional article of agieenient entered into between the commis-
sioners of the state of South Carolina, and. the commissioners of the state
of North Carolina, at ISI'Kinney's, on Toxaway river, on the fourth day
of September, in the year of our Lord one thousand eight hundred and
thirteen; Whereas the undersigned, Joseph Blythe, Henry Middleton and
John Blasingame, on the part of South Carolina, and John Steel, Mont-
fort Stokes and Kobert JBurton, on the part of the state of North Cax'o-
lina, duly appointed commissioners by their respective states, to carry
into eftect a conventional agreement on boundary, signed at Columbia, in
the state of South Carolina, on the 11th day of July, 1808, did meet on
the twentieth day of July last, near the termination of the line of 1772,
and hath continued their meetings by several adjournments to this present
date. And whereas, the said conventional agreement, by the third article
thereof, provides, " that from the termination of the line of 1772, aline
shall be extended in a direct course to that point in the ridge of moun-
tains which divides the eastern from the western waters, where the 35th
degi-ee of north latitude shall be found to strike it nearest to the termina-
tion of the said line of 1772, thence along the top of the said ridge to
the western extremity of the state of South Carolina." The commission-
ers above named, after having ascertained from the observations and
reports of the astronomers accompanying them, the thirty-fifth degree of
north latitude at several points, and lastly on the eastern bank of the
Chatooga river, and after conferring fully on the matters committed to
them, perceiving real difficulties to exist in the execution, and having on
each part maintained different opinions as to the practicability of fixing a
boundary line, according to the true intent and meaning of the said article,
considering nevertheless that it is essential to the interest and convenience
of both states, that a line of separation and limits should be ascertained
and established, with as little delay as possible, the said commissioners
have agreed, and do hereby agree, to recommend to the Legislatures of
their states respectively, the following article, as a substitute for the said
third article of the conventional agreement ; which substitute, when rati-
fied by the Legislatures of the said states, shall be, to all intents and pur-
poses, binding and conclusive, and not before, to wit: From the termina-
tion of the line of one thousand seven hundred and seventy-two, a line
shall be extended due west to the ridge dividing the waters of the north fork
of Pacolet river from the waters of the north fork of Saluda river, thence
along the said ridge to the ridge that divides the Saluda waters from
those of Green river, thence along the said ridge to where the same
joins the main ridge which divides the easteni from the western waters,
thence along the said ridge to that part of it which is intersected by the
Cherokee boundary line run in the year one thousand seven hundred and
ninety-seven ; from the centi'e of the said ridge at the point of intersec-
tion, the line shall extend in a direct course to the eastern bank of the
Chatooga river, where the thirty-fifth degree of north latitude has been
found to strike it, and where a rock has been marked by the aforesaid
commissioners with the following inscription, viz. LAT. 35, 1813. It
being understood and agreed that the said lines shall be so run as to
leave all the waters of Saluda river within the state of South Carolina,
but shall in no part run north of a course due west, from the termina-
tion of the line of 1772.
VOL. L— 53.
418 STATUTES AT LARGE
In testvmxniy whereof, we have hereunto set our hands and affixed our
seals, as commissioners of our respective states, at M'Kinney's, in the state
of South Carolina, the 4th day of September, in the year of ouf Lord
one thousand eight hundred and thirteen, and of the Independence of
the United States of America the thirty-eighth.
(Signed,)
JOSEPH BLYTHE, l. s.
HENRY MIDDLETON, l. s.
JOHN BLASINGAME, l. s.
JOHN STEEL, l. s.
MONTFORT STOKES, l. s.
ROBERT BURTON, l. s.
Signed, sealed, and interchangeably delivered by the commissioners of
the two states, in the presence of us, who have hereunto subscribed a&
witnesses.
(Signed,)
GEORGE BLACKBURN,
ROBERT MACNAMARA,
JAMES M'KINNEY,
JOSEPH CALDWELL,
M. R. ALEXANDER,
ZACHARIAH CANDLER,
Be it therefore enacted by the honorahle the Seriate and House of Repre-
sentatives now met and sitting in general assembly, and by the authority of
the same, That the said provisional article of agreement, and every part
thereof, is hereby fully and absolutely ratified and confirmed, and the
same is likewise hereby substituted for, and in the room and stead of
the said third article of the conventional agreement on boundary, signed
in Columbia, in the state of South Carolina, on the 11th day of July, one
thousand eight hundred and eight. Provided ho^vever, That if the state
of North Carolina should contest, or refuse to ratify, or call in question,
the agreement so entered into by the said commissioners, under any pre-
text whatever, all the rights, claims and pretensions of the state of South
Carolina in relation thereto shall revive and exist in the same force and
effect as before the passing of this act.
In the Seriate House, the seventeenth day of December, in the Year of our
Lord one thousand eight hundred and thirteen, and in the thirty-eight^
Year of the Independence of the United States of America.
SAVAGE SMITH, President of the Senate,
JOHN GEDDES, Speaher of the House of Representatives.
OF SOUTH CAROLINA. 419
AN ACT,
Ratifi/ing and confirming the convention hetween the commissioners of the
states of South Carolina and North Carolina, establishing the dividing
line hetween the said states, concluded at Greenville, in the State of South
Carolina, on the 2d day of November, 1815.
WHEREAS Joseph Blythe, John Blasnigame, and George W. Earle,
on the part of the state of South CaroUna, and Thomas Love, Montford
Stokes, and John Patton, on the part of the state of North Carolina,
were duly appointed and authorized on the part of their respective states,
to run and mark the dividing line between the said States of South
Carolina and North Carolina, agreeably to the provisional agreement
entered into at M'Kenny's, on Toxaway river, on the 4lh day of
September, 1813, and subsequently ratified by the said states respective-
ly : and wheieas the said Joseph Blythe, John Blasingame and George
W. Earle, on the part of the said state of South Carolina, and the said
Thomas Love, Montford Stokes, and John Patton, on the part of the
said state of North Carolina, have, in pursuance of the powers vested in
them by their respective States, proceeded to run and mark the said line,
and have jointly and interchangeably concurred in and submitted a report
under their hands and seals, on the subject of the said line, which report
is in the words and figures following, to wit :
To his Excellency David R. Williams, Esquire, Governor of the State of
South Carolina, and his Excellency William Miller, Esquire, Governor
of the state of North Carolina.
The joint report of the commissioners appointed to run and mark
the dividing line between the states of South and North Carolina :
We the undersigned, Joseph Blythe, John Blasingame, and George
W. Earle, on the part of South Carolina, and Thomas Love, Montford
Stokes, and John Patton, on the part of North Carolina, duly appointed
commissioners by their respective states, to run and mark the dividing
line between the states aforesaid, agreeably to the provisional article of
agreement entered into at M'Kenny's, on Toxaway river, on the fourth
day of September 1813, and subsequently ratified by the legislatures of
the said states respectively.
Report, That in pursuance of their instructions, they met at the house
of Mrs. Earle, on North Pacolet, in Rutherford county, in the state of
North Carolina, on the 11th day of September, A. D. 1815. and after-
wards by several adjoununonts at different places on the said dividing
line, and lastly at Greenville, in the state of South Carolina, on the 2d
420 . STATUTES AT LARGE
day of November, A. D. 1815. Having appointed George Salmon,
surveyor on the part of South Carolina, and Maj. Ross Alexander, sur-
veyor on the part of North Carolina ; and having ascertained by obser-
vation and by actual experiment, that a course due west, from the termi-
nation of the line of 1772, did not strike the point of the ridge dividing
the waters of the north fork of Pacolet river from the waters of the
north fork of Saluda river, in the manner contemplated by the commis-
sioners who formed the said agreement ; and finding also, that running
a. line on the top of the said ridge, so as to leave all the waters of
Saluda river within the state of South Carolina, would, in one place, run
a little north of a course due west from the termination of the said line
of 1772, consequently, that the said provisional article of agree-
ment entered into at M'Kenny's, on Toxaway river, in 1813, could
not be strictly and literally carried into effect. The commissioners
of the said states respectively, did, however, proceed to run and mark a
line due west from the termination of the line of 1772, four miles and 90
poles to a stone marked S. C. and N. C. and from thence south 25°
Avest, to the top of the ridge dividing the waters of the north fork of
Pacolet river from the waters of the north fork of Saluda river, thence
along the top of said ridge, to a stone set up due west from the termina-
tion of the said line of 1772, marked as a corner, thence a direct line
due west, crossing three small branches of Saluda river, to the top of the
ridge dividing the waters of Saluda river from those of Green river,
thence along the said ridge, to where the same joins the main ridge
which divides the eastern from the western waters, thence along the said
ridge to a place called the commissioners' camp, near Benson's Gap
turnpike road; at which place, in a full board of the said commissioners of
both states, it was agreed that for the purpose of having a natural
boundary as far as to the Cherokee boundary line, run in the
year 1797, a line should be run on the ridge round the head springs
of the north fork of Saluda river, so as to leave all the waters of Saluda
within the state of South Carolina; considering it therefore, as essential to
the interests and convenience of both states, that a line of separation and
limits should be established with as little delay as possible, the said com-
missioners, in the spirit of reciprocal accommodation, have mutually
agreed to, and have run and marked the line hereinafter described, and
do unanimously recommend that the same be established by the legisla-
tures of the respective states, as the line intended by the provisional
article aforesaid, and as the permanent line of separation between the
said states, that is to say : Beginning at a stone set up at the termina-
tion of the line of 1772, and marked S. C. and N. C. September 15th
1815, running thence west four miles and 90 poles, to a stone marked
S. C. and N. C. thence south 25'^ west, 118 poles to the top of the
ridge dividing the waters of the north fork of Pacolet river from the
waters of the north fork of Saluda river, thence along the various
courses of the said ridge, (agreeable to the plat and survey, signed by
the commissioners and surveyors aforesaid, and accompanying this
report) to the ridge thatdividesthe Saluda watersfrom those of Greenriver,
thence along the various courses of the said ridge, agreeably to the said
plat and survey, to a stone set up where the said ridge joins the said
ridge which divides the eastern from, the western waters, and which stone
is marked S. C. and N. C. September 28th, A. D. 1815, thence along
the various courses of the said ridge, agreeable to the said plat and
surv'ey, to a stone set up on that part of it which is intersected by the
Cherokee boundary line, nm in the year 1797, and which stone is
OF SOUTH CAROLINA. 421
marked S. C, and N. C. 1813, and iVom tlie said last mentioned stone,
on the top of the said ridge, at the point of intersection afoiesald, a
direct line, south 68 and one-fourth west, twenty miles and 1 1 poles, to
the 35th degree of north latitude, at the rock in the east bank of Chaloct-
ga river, marked latitude 3.5o A. J). 1813 : In all a distance of twenty-
four miles and 189 poles.
We the undersigned, commissioners of both states respectively, do
hereby certify and submit this report, interchangeably signed in duplicate,
under our hands and seals, at Gieenville, in the state of South Carolina,
the 2d day of November, A. U. 1815.
JOSEPH BLYTHE, (Seal.)
JOHN BLASINGAME, (Seal,)
GEORGE W. EARLE, (Seal.)
THOMAS LOVE, (Seal.)
M. STOKES, (Seal.)
JOHN PATTON, (Seal.)
Be it therefore enacted by the honorable the Senate and Hotise of
Representatives, now met and sitting in general assembly, and by the
authority of the same, That the said report and agreement, made
by the aforesaid commissioners, and every article and clause thereof,
be, and the same is hereby confirmed ; and the boundary line agreed
upon and marked out by the said commissioners, is hereby con-
firmed and established, and shall be forever binding on the state
of South Carolina: Provided, the proceedings of said commissioners
shall be confirmed by the state of North Carolina.
And be it further enacted by the authority aforesaid. That the
return of the commissioners aforesaid, and the plat of the boun-
dary line, with the bearings and distances thereof, signed by the
commissioners and surveyors of both states, and submitted by them
to the legislature, shall be duly recorded, and kept in the office of the
Secretary of Slate, at Columbia, and a true copy thereof be deposi-
ted in the office of the Secretary of State, in Charleston; and that
the field book of the surveyor, on the part of South Carolina, shall be
recorded in the office of the Secretary of state, in Columbia; and
that every citizen of this state shall, on application, be entitled to a
copy of said papers, on paying the usual fees.
In the Senate House, the fifteenth day of December, in the year of
our Lord one thousand eight hundred and fifteen, and in the
fortieth year of the Independence of the United States of America.
JAMES R. PRINGLE,
President of the Senate.
THOMAS BENNETT,
Speaker of the Home of Representatives.
422
STATUTES AT LARGE
Rivers to be
made naviga-
ble.
Expense, how
to be defrayed,
Land to be
purchased.
Value thereof
to be ascer-
tained.
Surveys to be
made.
Superinten-
dents to be
appointed.
AN ACT,
To declare the asaent of this State to a Convention hetween this State and the
State of Georgia, for tlie jiurfose of improving the navigation of Savan-
nah and Tugaloo Rivers.
Sec. 1. Be it enacted hy the Honorable the Senate and House of Repre-
sentatives, note -met and sitting in Genercd Assembly, and hy the authority
of the same. That as soon as the same shall have been approved of by the
State of Georgia and. the Congi'ess of the United States, the following'
Articles shall form and constitute a convention between the two States,
for improving the navigation of the Savannah and Tugaloo Rivers, and
shall not be altered without the consent of both States.
Article the First. The expense of improving and rendering navigable
the Savannah and Tugaloo Rivers, so far as they form the boundary of
the two States, shall be borne equally by South Carolina and Georgia.
Article Second. Lands required for this purpose, on these Rivers,
may be purchased and held in the names of the Superintendents of the
Savannah Inland Navigation, and their successors in office ; but the juris-
diction over the lands so acquired, shall remain in the State in which
they are situated.
Article Third. When the Superintendents and the owner or owners
of such lands cannot agree as to the price thereof, or where, for any
other cause, the surrender thereof cannot be obtained, the said lands may
be taken at a valuation, to be made by a majority of five commissioners,
to be appointed for that purpose by the Court of Law of the county or
district in which said lands are situated ; and the lands so valued, shall
vest, for the purposes of the said navigation alone, in the said superinten-
dents and their successors in office, so soon as the said valuation shall be
paid, or where it may be refused, shall be tendered.
Article Fourth. Before any work shall be begun on these Rivers, full
surveys and detailed estimates shall be made and presented to the Le-
gislatures of both states ; and for this purpose the Governor of each
state shall appoint one commissioner, and these two commissioners, with-
in the next year, shall cause the said surveys and estimates to be made,
together with such plans as they may deem necessary; and to defray the
expenses thereof, each state shall make an appropriation of five hundred
dollars, if so much should be necessary. The compensation to the com-
missioners shall be made by their respective states.
Article Fifth. The works on these Rivers shall be constructed under
the direction of two superintendents — one to be appointed by each state ;
these superintendents and their successors in office, shall be known by
the name and style of " The Superintendents of the Savannah Inland Na-
vigation ;" and by such name may sue and be sued, plead and be im-
pleaded, in any Court of Law or Equity of the' states of Georgia or
South Carolina ; and the said superintendents and their successors in
OF SOUTH CAROLINA. 423
office, shall have full power to make all contracts for effecting such works
on said Rivers, as may be ordered by the Legislatures of the said states :
Provided, that the said contracts sliall not exceed, nor be Innding on the
said states, to any amount beyond the appropriations made i'or that pur-
pose, according to the tex'ms of this convention hereinafter expressed.
Article Sixth. And the said superintendents and their successors in ^^"'.'^" '°^''
office, shall have full power to appoint, and at their pleasure to displace, ujll'eollectcd.
all such engineers, agents, toll collectors, and other officers, as may be
necessary for completing, repairing, and protecting the said works, and
for collecting all tolls which may be imposed tliereat.
Article Seventh. And the said superintendents and their successors in Rates of toll
office, shall have full power to establish, and from time to time to alter or "^^ ^'^ altered.
I'epeal, such rates of toll on boats, rafts and other vessels passing said
works, or on the goods ladened on board thereof, as they may think just
and proper ; to cause the same to be collected and deposited with a
Treasurer by them to be appointed, to make and enforce all regulations
for the passage of boats, rafts and other vessels through the said works,
and generally to do and perform all such acts, and make such ordinances,
as are necessary for completing, repairing, preserving and rendering pro-
ductive the said works.
Article Eighth. The tolls imposed on boats, rafts or other vessels, or Toll to be the
the goods laden on board thereof, belonging to the citizens of one state, same for the
shall be the same as the tolls imposed on the boats, rafts and other vessels, g^^^ ° ''' ^'
or goods laden on board thereof, belonging to the citizens of the other
state.
Article Ninth. In case there should be worked in either state, any Toll on
mine of iron, lead or coal, or any quarry of lime, gypsum, marble, or minerals,
other building stone, the state in which such mine or quarry is situated,
shall have the exclusive right to fix the rates of toll on the products of
such mine or quarry, and the boats employed in transporting the same.
Article Tenth. All tolls collected on said Rivers, in pursuance of this Tolls how to be
convention, shall be applied and expended in the following manner — 1st. ^PP^^'^-
In keeping in repair and defraying the current expenses of the said works.
2nd. In making such fuither improvements in the navigation of the said
Rivers, as the Legislatures of the said states may order. When such fur-
ther improvements are not so ordered, the tolls shall be reduced so as
merely to repair, renew, and keep the said works in perfect operation.
Article Eleventh. The state in which any Canal may be cut, or other Works not to be
work erected in pursuance of this convention, shall not cause or permit *icmoliBhed.
the same to be demolished or impaired, without the consent of the other
State ; but each state will pass such laws as may be necessary to pre-
serve and protect said works.
Article Twelfth. The Legislature of each state will make such appro- Appropriations
priations for improving the na\'igation of said Rivers as it may deem to be made,
necessary ; and the smallest appropriation made by either state, shall form
one half of the whole appropriation for that purpose.
Article Thirteenth. All payments for work done, shall be made by Payments foi
drafts on the State Treasury, signed by both the superintendents; and ^^°^'^'^°"^'how
when they draw on the Treasury of one state, they shall draw for an ^° ^ ^
equal amount on the treasury of the other.
Article fourteenth. One of the said states shall not be answerable for Drafts how to
the drafts of the said superintendents on the Treasury of the other state, be paid.
Article Fifteenth. Each State shall pay the salary and personal ex- Superinten-
penses of its own superintendent, and shall determine the period for dent, how to be
which he shall be elected. P""^-
424 STATUTES AT LARGE
Article Sixteenth. When a question occurs, on which the suj)erintend-
ents do not agree, they shall call into their consultation the principal En-
gineer, and he shall be entitled to vote on the question, and a majority
Cases of of votes shall decide it.
hovv^olbie^"'' Article Seventeenth. When the work is commenced, if a vacancy of
settled. the superintendents should occur, the principal Engineer shall fill his
Vacancy, how place, until the regular appointment of a successor.
to be filled.
In tlic Senate House, the ttventicth day of Decemher, in the Year of our Lord
one thousand eight hundred and tioentyfive, and in the fiftieth Year of the
Independence of the United States of America.
JACOB BOND I'ON,
President of the Senate,
JOHN B. O'NEALL,
Speaker of the Home of Representatives.
OF SOUTH CAROLINA. 425
JUDGE BREVARD'S
Observations on the Legislative history or South Carolina,
(Brevard's Digest, page X of Vol. I.)
The legal history of South Carolina, may he divided into four periods :
I. That which commences and ends with the proprietary government.
IL That which commences with the demolition of the pi'oprietary
government, and ends with the suspension of royal authority, by the
political convulsions which preceded the revolution. IIL That which
begins with the first movements of the revolution, and ends with the
extinction of the royal government, and the establishment of Lidepen-
dence by the the treaty of peace with Great Britain. IV. That which
begins with the establishment of Independence and reaches down
to the px'csent time,
t
FIRST PERIOD.
The country in North America, south of the Sfith degree of north lati-
tude, was granted in 1630, by king Charles the first, to Sir Robert
Heath, his attorney general, under the name of Carolina ; but the grant
never took effect. In 1663, king Charles the second, one of the most
unprincipled of sovereigns and pi'ofligate of men, in order to promote
the pious zeal of certain of his confidential servants and courtiei-s, for the
propagation of the. Christian faith, (as his charter sets forth) granted
to them "all that territory, situate in his dominions in America, exten-
ding from the north end of the island called Lucke's Island, in the
Virginia seas, within thirty-six degrees of north latitude, and to the west
as far as the south seas, and so southwardly as far as the river St.
Mathias, bordeiing on East Florida, and within thirty-one degrees of
north latitude, and so west in a direct line as far as the south seas."
The grantees were, Edward earl of Clarendon, George Duke of Al-
bermarle, William lord Craven, John lord Berkley, Anthony lord Ashley,
sir George Carteret, sir William Berkley, and sir John Colleton.
In 1665, this charter was renewed and enlai-ged, so as to compre-
hend the territory lying within lines running " north and eastward as
far as the end of Charahake river, or gullet, upon a straight westemly
line to Wyonoake creek, which lies within or about the degree of thirty-
six and thirty minutes, northern latitude, and so west in a direct line as
far as the south seas, and south and westward as far as the degree of
tweoty-nine inclusive, northern latitude, and so west in a direct line as
far as the south seas."
VOL. 1.— -01.
426 STATUTES AT LARGE
Brevard's This temtory was granted " in free and common socage," to tlie gran-
Observations j.^pg as "absolute Lords and Proprietors," who were empowered ta
make laws and constitutions, with the consent and approbation of the
freemen of the colony ; to appoint judges, erect forts, make war, &c.
The immortal Locke, distinguished as a political writer, as well as a
metaphysican, was employed to frame a constitution or foim of govern-
ment for the infant colony. It is not probable that he Avas left at perfect
liberty to follow the bent of his own genius and principles, in the instru-
ment which was adopted, as his production, by the name of the Funda-
mental Constitutions ; since we can find so little of that noble simplicity
and wisdom, which might be expected in a work of that kind, from the
hand of so great a master. The stamp of the proprietors is evident on
the face of the instrument, in the aristocratical plan of the government,
and the complexity and extravagance of its details. The genius of
Shaftsbury, rather than that of Locke, is displayed in its composition.
The fundamental constitutions first adopted in 1670, consisted of
eighty-one articles. Other fundamental constitutions, contained in one
hundred and twenty articles, were afterwards substituted in 1682 : but
it does not appear that the freemen of the colony ever formally assented
to these instnaments.
These constitutions contemplate the creation of a palatine for life, and
a body of hereditary pi'ovincial nobility, with estates to descend with dig-
nities ; a governor, to be chosen by the proprietors out of thirteen per-
sons to be nominated by the colonists ; a parliament or legislative body,
to be composed of the governor and council, and representatives of the
people, to sit in one chamber, but without power to originate bills, which
were to originate in a grand council, to consist of the governor, the depu-
ties of the pioprietors, and the provincial nobility. The laws passed by
the legislature were afterwards to be approved of by the people ; and at
the close of every century, were to expire, without the formality of an
express limitation or repeal. The judicial branch of the government,
was to consist of a palatine court, eight supreme courts, and seven infe-
rior judicatories.
Meanwile, until the government could be organized conformably to the
fundamental constitutions first adopted, a code of temporary laws was
framed by the proprietors for the government of the colony, in the form
of instructions to the governor and council. Amongst these laws was a
set of agrarian rules, the preamble to which breathes a purer equity, and
sounder policy, than is commonly found in the institutions of a newly
formed community, and npon the principles it declares, lands were
first parcelled out in the province to those who desired to acquire pro-
perty therein.
The words of the preamble are as follows : " Since the whole founda-
tion of government is settled upon a right and equal distribution of land ;
and the orderly taking of it up is of great moment to the welfare of this
province : and although the regulation of this need not be perpetual, yet
since all the concernment thereof will not cease as soon as the Govern-
ment comes to be administered according to the forms established in the
fundamental constitutions ; that the whole distribution and allotment of
land, may be with all fairness and equality, and that the inconveniency of
all degrees may be, as much as possible, in their due proportion provided
for, We the lords proprietors," &:c.
The mode afterwards pursued to obtain titles to land, was by pur-
chase from the proprietors, or their agents, at the rate of twenty pounds
for every thousand acres. Warrants of survey issued to the purchaser?,
OF SOUTH CAROLINA. 427
•who chose such vacant ur unappiopriatotl huid.s as Buitod them, and lo- Brevaud'b
1 .1 • .1 .1 i\ 11 » • ^j » Observations
cated their warrants by actual surveys ; attor vvlncri j:(rants issued to
them for the lands so surveyed, with copies of the surveys annexed.
The governor and council met once every month for the purpose of
issuing grants. The grants were signed and registered, and delivered
to the grantees at one shilling quit rent for every hundred acres, to be
paid to the proprietors annually. Some land was granted on condition
of the payment of one shilling annual rent per acre. But this condition
was soon altered by the legislature. Great discontents prevailed with
respect to the terms on Avhich lands were granted, and particularly with
respect to the payment of (juit rents and the fees of civil oflicers.
These discontents increased to such a degree, that the people of the
north eastern part of the province denounced the proprietary government,
and discord and distraction reigned without controul.
The practical operation of civil government commenced in the year
1672, soon after the promulgation of the temporary laws. The province
was divided into four counties. Twenty representatives from Berkely
and Colleton counties, met in the legislative asscmibly. Juries, that ad-
mirable criterion of truth, and most important guardian of both public
and private liberty, were formed according to tlie mode directed by the
fundamental constitutions; a mode corresponding in principle to that
which has ever since been preserved. ]jittle, however, was effected,
towards the establishment of civil rule, and the controul of equal laws,
for many years. Certain standing laws, were enacted in 1687 ; but they
were rejected by the propiietoi's, who insisted on the fundamental con-
stitutions. The people on their part, disliked and disregarded the consti-
tutions. Hence arose mutual disgust and contention.
At length, in 1693, the fundamental constitutions were laid aside, and
civil discord for a short time subsided.
These constitutions were repealed by the j)roprietors, after the
accession of William and Mary, and a new ])lan of government was pro-
vided in 1698, but it did not meet the approbation of the people, by whom
it was never acknowledged.
In 1702, in order to pay the expenses occasioned by an unfortunate
military enterprize against St. Augustine, the legislature authorized the
issue of stamped bills of credit, to be sunk in three years by a duty on
liquors, skins and furs. This was the first paper money that appeared in
the province, and was the origin of current money, mentioned in many of
our acts of assembly, and of what was commonly called old currency,
till the close of the revolution. It was denominated current money, to
distinguish it from sterling money of England, very little of which was
ever in circulation, the balance of trade being always in favour of the
mother country.
The credit of this currency was at first equal to sterling, and so con-
tinued for about six years ; but it afterwards depreciated. The necessi-
ties of the government continually requiring fresh supples of a medium
of value for circulation, to defray the charges incurred by Indian and
Spanish wars, and other exigencies of a feeble and harassed colony, suc-
ceeding emissions of bills of credit took place. The first emissions were
for four and eight thousand pounds ; but in 1712, a public bank was
established, and the issue of bills amounted to forty-eiglit thousand pounds,
which were called bank bills, and like our present bank money might
be loaned out on security. This paper currency might be legally tender-
ed in payment of debts, tiiough the bills did not carry interest, and were
payable at a future time. Expedients were devised for the purpose of
428 STATUTES AT LARGE
Brevard's reducing the quantity in circulation, which became at length excessive,
BSERVATioNs notwithstanding the emissions were restrained by the royal instructions.
These expedients were frustrated by new emissions. Thirty thousand
pounds issued in 1716, and two hundred and ten thousand in 1736.
Yet under all these disadvantages, little or no depreciation took place,
after the first five or six years from the date of the original emission, for
the space of forty years and upwards. The depreciation, which had soon
settled at seven for one, remained fixed at that point with little or no
variation, till about the year 1750; and even after that period, it continu-
ed to be the nominal measure of exchange. The Spanish milled dollar, which
passed current at four shillings and eight pence sterling, was equal to
thirty-two shillings andeightpencecurrentmoney. By this relative measure
of value, the amount of fines and forfeitures imposed by various acts of
assembly may be correctly estimated.
The last emission of paper currency was in the year 1770, for buil-
ding court houses and goals, which was rendered necessary by the cir-
cuit court act of 1769. The issue was for seventy thousand pounds
current money, or ten thousand pounds sterling.
The credit of paper currency was now much degraded ; and an act
of 1782, gave the final blow to it, by taking from it its quality as a legal
tender in discharge of debts.
Proclamation moncij, which is also frequently mentioned in our acts of
assembly, acquired that denomination from a proclamation of queen Anne,
in the sixth year of her reign, (about the year 1708) the object of which
was, to establish a common measure ofviiluefor the paper currencies of the
colonies. The same species of coins, which were equally rated in all the
colonies, and passed at the same value as sterling money, were variously
rated, and of different values, in relation to the paper currencies of the
several colonics. In some of them the silver dollar passed at eight shil-
lings, in others, at seven shillings and six pence, and six shillings, accor-
ding to the quantities of paper money thrown into circulation. The stan-
dard fixed by the proclamation was, one hundred and thirty three pounds,
six shillings and eight pence paper currency, for one hundred pounds
sterling. The nominal value of currency was established at one fourth
below the value of sterling. The dollar passed at six shillings and three
pence, although not quite equal to six shillings and two pence three far-
things, pi'oclamation money.
This regulation, though it was respected by the colonial legislatures,
was little attended to by the people at large, and the confusion resulting
from paper currencies of different values, continued to exist.
In 1700, the government undertook to establish the Episcopal form of
religious worship ; and persevered in the pursuit of that object, with obsti-
nate zeal, till it was attained in 1706. An act against non-conformity
was passed. These measures were extremely odious to a number of
the colonists, dissenters and others, who conscientiously refused the com-
munion of the English church. They complained and remonstrated, but
all to no purpose. It was a strange but not an unprecedented circumstance,
that a weak colony, anxious to encourage emigrants from abroad, of
various Protestant sects, to strengthen itself against foreign enemies, should
nevertheless, at such a crisis, insult and persecute their fellow citizens,
and Protestant Christian brethren, on account of slight differences in
their religious dogmas, and the external ceremonies of worship !
Political and party considerations probably had no inconsiderable influ-
ence on the occasion. A profound historian has remarked that "the
religious spirit, when it mingles with faction, contains in it something
OF SOUTH CAROLINA. 429
ftupernatural ami unaccountable; and in its operations on society, effects BuEVARD'a
correspond less with their known causes, than in any other circumstance *Jb8ervations
of government."
An act of 1696, granted liberty of conciencc to all Christ'ums, except
Paj)ists.
By the act of 1706, for the establishment of religious worship, accor-
ding to the Church of England, and for erecting churches (for which
i(2000 was appropriated) the province was divided into ten parishes.
From this act it appears, that the far greater part of the inhabitants of the
parishes of St. Dennis, in Orange quarter, and St. James, on Santee,
were emigrants from France, and did not understand the English tongue,
wherefore provision was made for using a French translation of the
book of common prayer. This act prohibits the celebratioji of marriage,
contrary to the table of marriages, or by a layman.
The admission of French emigrants to equal privileges with the En-
glish, gave great offence, and was the cause of bitter revilings and con-
tests. The English considered them as aliens, and entertained towards
them the usual ungenerous prejudices and antipathies of Englishmen.
At one time they were excluded fi'om the legislature, but this illiberal
spirit at length abated.
In 1708, emigrants from Germany were furnished with land, one hun-
dred acres per head, free of quit lent for ten years.
An act passed in 1715, to apportion the representation in the general
assembly, amongst the several parishes ; but it was soon afterwards re-
pealed. This encreased the prevailing'>discontent and hostility towards
the proprietary government. The fundamental constitutions had been
i"egarded as inconsistent with the rights and privileges of the people.
The council of twelve was now complained of as an innovation. Violent
disputes ensued. The governor being the only legal ordinary, under
the church establishment, the clergy refused to marry without his licence,
which the people did not incline to apply for. Hence it became neces-
sary to form the matrimonial contract, without the approbation of the go-
vernor or clergy.
In this situation stood the affairs of the colony in 1719, when an organ-
ized plan of resistance to the goveinment was developed. The members
of the legislative assembly formed themselves into a convention, and en-
tered into a number of resolutions, in consequence of which the chief
justice (Trott) was displaced and another appointed in his room. Sundry
other civil officers were appointed.
These revolutionary measures, which seem to have been countenanced
by the British government, terminated in the complete subversion of the
authority of the pioprietors, in 1721, when they surrendered their charter
to the king, pursuant to a previous agreement, which was afterwards con-
firmed by an act of parliament, 2 Geo. 2. John lord Carteret only re-
tained his rights of property to one eighth part, but surrendered his other
rights.
When king George the first ascended the British throne, a design
was formed to purchase the charter of the proprietors, against which the
attorney general was instructed to proceed by scire facias. The civil
commotions and revolutionary movements in the province hastened the
desired event, and royal government succeeded to that of the proprietors.
King George the first appointed a temporary government in 1721 ; and
about the same time the province was divided into North and South
Carolina.
Very few legislative acts passed prior to the year 16S2. Chief justice
430 STATTJTES AT LARGE
Brevard's Trott, after a diligent search, could find only nineteen, and those of no
'"^^ great importance. In 1692, an act passed concerning the trial of small
and mean causes — In 1G95, against stealing canoes — In 1G96, to settle
the form of conveyances, and grant liberty of conscience — In 1698, to
encourage the importation of white sei-vants — In 1700, to appoint courts
of sessions and gaol delivery, twice a year — In 1706, to establish religious
Avorship, and punish blasphemy — In 1707, to establish the bounds of
parishes — In 1710, to establish weights and measures — In 1711, to settle
a salary on the public receiver, and erect a new brick church in St. Phi-
lip's parish. These were the acts of chief impoitance to be remember-
ed, which passed prior to the year 1712. In that year a number of very
important acts were passed, viz : To put in force certain English statutes;
to put in force the act of habeas corpus ; an act of limitations ; an at-
tachment act ; an act to establish free schools, &c. &c. In 1720, an act
passed for the amendment of the law ; and in 1721, acts were passed for
choosing members of the commons house of assembly, for appointing a
public treasurer, a comptroller and other public officers ; and also, for es-
tablishing county and jDrecinct courts.
SECOND PERIOD.
The government was fashioned after the model of that of England.
Prior to 1730, the legislative authority was vested in three branches : A
governor, who was in place of the king; a council, which occupied the
station of a house of lords ; and a representative assembly, answering to
the British house of commons. All authority was derived from the
crown.
In 1725, county and pi'ecinct courts had been appointed ; but afterwards
various changes took place in the judicative department. A court of
king's bench and common pleas, were established ; also a court of chan-
cery and a court of vice admiralty. The court of chancery was compos-
ed of the governor and council, and a register and master of the court
was appointed. The officers of the vice admiralty court were appointed
by the lords of the admiralty in England. A chief justice appointed by
the king, presided in the courts of king's bench and common pleas, to
whom was associated certain assistant justices, appointed by the provin-
cial legislature, which was styled the general assembly. The other offi-
cers of these courts were an attorney general, a provost marshal (or she-
riff) and clerks. There was a secretary of the province, a surveyor gene-
ral, and other civil officers, who were appointed by the crown. The
clergy were elected by the freeholders of the parish. Justices of peace
and militia officers were appointed by the governor and council. The
law respecting the formation of juries was revised and established.
In 1739, the representative assembly consisted of forty-four members,
who were eligible every three years, by the freeholders of sixteen par-
ishes. Several townships were marked out, containing 20,000 acres each,
intended for so many distinct parishes : But Williamsburgh township was
for the most part, settled by Presbyterians from Ireland. At the revolu-
tion the church establishment fell with the royal government, to which it
was an adjunct, and all christians became entitled to equal privi-
leges.
The imposts to defray the charges of government amounted in 1725,
to 222,2601, 18s, lOd. In 1734, to 41,5111, 9s, lOd— and in 1750, to
150,0001, sterling.
OF SOUTH CAROLINA. 431
In 1748, the rate of interest was changed from ten to eight per cent. Hrevard's
In 1777, it was again changed from eight to seven per cent, which is the ^""krvations
present estabUshed rate of interest.
The general court held in Charlestown, having swallowed up the coun-
ty and precinct courts, and being the only court of criminal and civil ju-
risdiction in the province (except the courts of justices of peace, which
had jurisdiction in all civil causes as high as twenty pounds current money)
gi'eat oppression and inconvenience was felt by the people living remote
from the seat of justice; by parties, witnesses and jurors, who were obli-
ged to attend the court, and especially by suitors and prosecutors, who
Were often worn out by " the law's delay," insulted by " the insolence
of office," and ruined by costs and expenses most unreasonably incurred,
and cruelly exacted. The facility thus afforded to thieves and dishonest
debtors, to escape from the punishment due for crimes committed, and
the payment of just debts, drove^the people of the middle, and part of
the upper country, then the frontier settlements, into the most disorderly
and violent measures. The laws which were found ineffectual to restrain
and punish horse thieves, and other notorious offenders, were also disre-
garded by good and honest men, who undertook to do themselves jus-
tice, and to punish the guilty by arbitrary authority. The authority of
the civil magistrate was held in contempt, as insufficient for the mainte-
nance of order, and the regular execution of the laws. Some efforts were
made to repress these disorders, but they were found unavailing. The
regulators, as they Avere called, consisted of respectable planters, and
others, who demanded a better system, for the more regular, equal and
vigorous, as well as prompt administi'ation of justice. On the other hand,
the insti'uments employed by the government to subdue this spirit of
rebellion, and enforce the existing system, were men of little or no char-
acter or respectability ; the obsequious tools of men in power, who abused
their authority, and battened on the general distress. At length, in 1769, a
remedy was reluctantly applied, and anarchy and unlawful violence yeilded
to the majesty of the law. An act passed for laying off several districts, or
circuits, and authorizing the holding of courts of general sessions and com-
mon pleas therein, twice a year, for the trial of causes criminal and civil
arising within the same, respectively, " as nearly as may be, as the justi-
ces of assize and nisi prius do in Great Britain." Circuit courts were
by this act to be held at Orangeburgh, Ninety-Six, (now Cambridge,) the
Cheraws, Georgetown, Beaufort, and Charlestown — to sit six days, each.
But the courts to be held in Charleslown, were not, strictly speaking,
cii'cuit courts. Those courts were regarded as are the courts of West-
minster Hall, in England. AH writs and other civil process issued from,
and were returnable to the court of common pleas in Charlestown ; and
the practice was similar to that which relates to the courts of assize and
nisi prius.
By this act the judges were authorized to determine without a jury in
a summary way, on petition, all causes cognizable in the circuit courts, for
any sum not exceeding twenty pounds sterling ; excejjt where the titles of
land should be in question. But each party might claim and have the
benefit of a jury trial. The office of provost marshal was abolished, and
sheriffs and clerks were appointed.
Many objections were raised to planting the remote colonies of North
America ; and some sagacious politicians, who saw far into futurity, foie-
told, that after draining the mother country of inhabitants, they would
soon shake off the yoke, and erect an independent govenimcnt. This ac-
cordingly happened.
432 STATUTES AT LARGE
Brkvard's After struggling some time against the current of the revolution, the
Observations j^m-j^oj-jty of the royal government gradually sunk, and finally perished
in 1775, when a temporary constitution or form of government vv^as
adopted.
The acts of assembly most worthy of being recorded, which were pass-
ed during this period, were as follows :
In 1731, a quit rent law, a jury law, and an act allowing of a solemn
declaration in room of an oath.
In 1733, to lay off counties ; respecting the surveying of lands.
In 1737, against selling offices — and regulating the courts.
In 1739, to authorize the building of a market in St. Philip's parish.
In 1740, for the government of slaves.
In 1744, an attachment act — and regulating white servants.
In 1746, a patrol law — and to empower the governor and a majority of
the council to hold a court of chancery.
In 1747, to authorize the arming of slaves.
In 1748, to reduce the rate of interest from ten to eight per cent.
In 1767, to build an exchange, a custom-house and watch house.
In 1768, to build a work house, and poor house.
In 1769, to establish courts, build gaols, &c.
THIRD PERIOD.
Amidst the tumult of civil strife, the laws were silent, and their place
was not always supplied by those of humanity. A form of government
was instituted in 1776, pursuant to which an executive magistrate was
elected, who was invested with extraordinary powers, under the name of
president. This, however, soon gave place to the constitution which was
established in 1778, conformably to the Declaration of Independence,
and the executive officer was named governor. This constitution survived
the revolution, and part of it is still in force, being referred to and un-
changed by the constitution of 1790.
Certificates issued in 1774, to satisfy the demands of public creditors.
These passed as paper money, at par. The revolution gave birth to other
paper currencies, which soon occasioned a depreciation. The current
money, now called old currency, was still in pretty good credit in the be-
ginning of the year 1777, although about three millions of pounds were
then in circulation. About one million was the amount in circulation in
1764. A flood of continental paper currency, in addition to other paper
money, vastly encreased the tide in circulation, and the country was inun-
dated. The depreciation was rapid, and ruinous.
In 1780, the British government being partially re-established in Charles-
town, and other places in the lower country, a kind of military govern-
ment was exercised. In Charleslown a board of police was instituted,
and civil authority revived. Commissioners were appointed by the board
of police to take into consideration the nominal and real value of the pa-
per money which had been the medium of traffic, and settle a scale of
depreciation, by which contracts might be governed according to equity
and good conscience.
These commissioners reported ably, and in detail, and the proposed
scheme was partially earned into effect. After the revolution the state
legislature, in 1783, pi'oceeded on similar principles, and a scale of de-
preciation was fixed by an act of assembly.
OF SOUTH CAROLINA. 433
The ]3ritish govcmmeiit was totally extinguished by the evacuation of Brkvard's
Charlestown in 1782, and the capture of lord Cornwallis in Virginia. ^^^^^-^^
The legislative authority was exercised at Jacksonsborough in J 782,
and civil rule under the constitution of 1778, was completely re-
stored.
The legislative acts of this period, worth mentioning, are as follows :
In 1775, an act to prevent counterfeiting notes issued as the represen-
tatives of specie.
In 1776, to prevent sedition, and punish insurgents.
In 1777, to reduce the rate of interest from eight to seven per cent.
In 1778, to regulate the rates of wharfage and storage.
In 1782, to repeal the laws which make paper currency, or bills of
credit, a legal tender in payment of debts ; and dispose of certain es-
tates, and banish certain persons, Avho had joined the British during
the war.
FOURTH PERIOD.
Upon the restoration of peace and civil order, the attention of the go-
vernment was directed to the police and jurisprudence of the country.
Several acts of assembly were revived and amended. British sterling
was now the only standard of value ; but the English guinea passed at
twenty-one shillings and nine pence, and the Spanish dollar at four shil-
lings and eight pence. An act was passed to ascertain the weight and
value of the gold and silver coin in circulation. The scale of deprecia-
tion was fixed in regard to paper currency. The mode and conditions
of surveying and granting the vacant lands, was settled ; and a court of
chancery was established. Charlestown was incorporated by the name of
Charleston.
As the population of the country extended, the circuit court system
established in 1769, was found inadequate to the due and equal adminis-
tration of justice. To remedy this evil, it was proposed to establish
courts of inferior jurisdiction, after the model of the county court system
of Virginia and North Carolina.
Mr. .Justice Pendleton, one of the associate judges, and an active mem-
ber of the house of representatives (for these offices were not then in-
compatible) was the able advocate of this scheme. By his influence and
strenuous exertions, it was adopted in 1785. An act passed to lay off
the state into counties, and establish county courts. The public build-
ings for the accommodation of these courts, were to be erected at the
expense of the respective counties, and a tax was to be laid for that
purpose by the county courts. The courts were to be held once in
every three months by the justices of peace of the several counties re-
spectively ; and their jurisdiction extended to the hearing and deteiTni-
nation of all causes at common law, to any amount where the debt was
liquidated by bond or note of hand, or where the damages in certain
actions did not exceed fifty pounds, and in other personal actions where
the damages did not exceed twenty pounds, or where the titles of land
did not come in question. In criminal cases their jui'isdiction was ex-
tremely limited. The modes of proceeding were prescribed — the forms
of process — and the manner of trial. The right of appeal to the supe-
rior, or circuit courts, was provided.
This system was afterwards, at diflerent times, altered and amend-
ed. In 1701 it was new modelled. Three judges or justices of the
VOL. 1.— 55,
434 STATUTES AT LARGE
Brevard's county courts, were chosen for each county, by joint ballot of the two
B8KRVATI0NS j^^^ggg ^f jy,g legislature, to hold the respective courts, which were held
semi-annually for the trial of causes ; but they were allowed no com-
pensation for their services. Two intermediate courts were holden an-
nually, for the transaction of business relating to roads, taverns, and the
poor.
Although the administration of justice in these courts was irregular,
and in many instances unequal, owing chiefly to the want of legal infor-
mation in those who were appointed to preside therein, yet they were a
great convenience to the community, considering the defects of the cir-
cuit court system of that day ; and much good, as well as some evil, re-
sulted from their establishment. It was an important st«p towai'ds the
attainment of that improved system which at present exists.
The county court establishments never extended to the districts of
Charleston, Georgetown and Beaufort. The Inhabitants of those districts
were opposed to it ; and it was provided, that no county courts should
be held in those districts till a majority of the taxable inhabitants should
petition for them.
At the close of the war, many were deeply involved in debt ; and the
accumulation of interest daring the revolution aggravated the distress
into which they were plunged. A great many others, on the establish-
ment of peace and independence, misled by their sanguine hopes, or re-
gardless of consequences, improvidentl_\ contracted debts, which they
were unable to pay when they became due. The legislature was repeat-
edly importuned to interpose between debtor and creditor, for the pur-
pose of giving relief to the former, without doing injustice to the latter.
This could not easily be done. Various expedients were resorted to, the
tendency of which was finally to utterly ruin the debtor, and in most in-
stances, greatly injure the creditor. Debtors, howevei", obtained tempo-
rary relief, which served to still their clamours, and alleviate their pre-
sent distress.
Amongst other means employed for the ]-elief of debtors, and to sup-
ply the scarcity of cash, (which always accompanies the balance of trade,
now greatly against the country) an act was passed in 1785, to establish
a medium of circulation by way of loan. The bills which issued pursu-
ant to this act, passed as money, under the denomination of paper medium.
Some temporary advantages resulted from this measure ; but it was the
ruin of many, and the public ultimately suffered by it.
In the same year an act passed to effect a revisal, digest and j^ublica-
tion of the laws of the state. The preamble to this act states, that " from
the long neglect of compiling into one body the acts of the legislature of
this state, and presenting the same for the information of the people, the
laws have not only multiplied to a great and unnecessary degree, but
have also run into obscurity and confusion ; and it being necessary to
revise and digest the laws enacted under the authority of the British crown
and continued of force, together with those passed since the abolition of
that authority ; and by corresponding additions, alterations and amend-
ments adapted to the spirit and piinciples of a republican government,
remove the present well grounded complaints of the people for want of
such revisal, digest and publication," — therefore the act was provided.
It provides for the appointment of three commissioners, and empowers
and directs them to form " a complete and accurate digest of the state
laws, with such additions, alterations and amendments" as they should
see fit ; and to require the production of such records and other public
documents, «Src. as should be necessary. They were directed to make the
OF SOUTH CAROLINA. 435
establishment of county courts a part of their system; and llicy were al- Brevard's
lowed two years for the accomplishment of their task. bservation
The commissioners chosen were, Mr. Justice Pendleton, Mr. Justice
Burke, and Mr. Justice Grimke.
In 17S9, the commissioners were called on by the legislature for a re-
port on the subject of their appointment; in consequence of which a
copy of their digest was laid before the House of representatives.
Mr. Justice Pendleton liad died a short time before the meeting of
the legislature. Mr. Justice Burke, in a letter addressed to the president
of the senate, in consequence of a I'esolution of that body calling for the
digest, goes at large into an explanation of the nature of the work, its
plan and execution.
This letter was ordered to be published ; and amongst other pertinent
and forcible observations which it contains, are the following : " thus the
laws of this country, on which depend the lives and projjerty of the
people, now lie concealed from their eyes, mingled in confused chaos,
under a stupendous pile of old and new law rubbish, past all possibility
of being known, only to the law professors. I will venture to aver, that
there are but very few of our lawyers, that have all our laws, or can
point out which of them are in force, or otherwise. The ablest of them
could not in all cases, have separated the grain fi'om the immense heap
of chaff", without much time and labour in searching for it."
If the complaint of this distinguished magistrate and eminent politi-
cian, was well founded, how much more reason have we at this
day (1814,) to complain, when the same evils are multiplied, and
become more inveterate, by the accumulation of new laws, and the lapse
of time 1
The digest prepared by the commissioners was not adopted ; but many
of the laws contained therein, were afterwards passed as separate acts
of assembly, viz : The act constituting the circuit courts, courts of re-
cord, and giving them original and final jurisdiction ; the act for the dis-
tribution of intestates's estates, and the abolition of the rights of primoge-
laiture, and the act concerning escheats.
Another part of the digest provided for a uniformity of decision and
practice, by tbe institution of a court of errors and motions, to be held at
tlie seat of government, at the conclusion of the cii'cuits. This improve-
ment was engrafted in the constitution of 1790.
Other innovations and amendments contemplated by the commission-
ers were not approved. They recommended the vesting of the equity
jui'isdiclion in the circuit courts, and abolishing the court of chancery.
They provided a new system for the punishment of crimes, in which ban-
ishment was a prominent feature; and they presented a reform of the
law concerning juries.
In 1786, an act passed for removing the seat of government from
Charleston to a town to be built on the Congaree river, to be called
Columbia, and provision was made for the purchase of suitable lands
for that purpose. The seat of government ^^as accordingly not long af-
terwards established at Columbia, and the public records were removed
to that place.
In 1787 and 1788, acts passed for appointing escheators, and regula-
ting escheats ; for establishing the bounds of prisons, and for the sup-
pression of vagrants : and in 1789, the circuit courts were constituted
courts of complete, original and final jurisdiction. In the same year an
act passed, directing the manner of granting probates of wills and let-
ters of administration.
436 STATUTES AT LARGE
Brevard's The delegates of the people met in general convention at Columbia,
Obpervations -^ June 1790, established a constitution for the government of the
state, conformably to the principles of the constitution of the United
States. In this instrument the struggle foi- power, and equal rights, be-
tween the lower and upper country is manifest, and a sjjirit of compro-
mise and mutual concession may be discerned.
The removal of the seat of government to Columbia, had been firmly
opposed by a great majority of the people of the lower country, who
always reluctantly yielded to an equal participation of power and privi-
leges, with those of the upper and middle country, many of whom were
emigrants from other states, and whose manners and habits did not as-
similate to those of the parishes in the lower country.
The public offices were divided by the convention between the me-
tropolis and the seat of government, for the greater accommodation of
the inhabitants of the sea coast, and the adjacent parishes. Two trea-
surers were provided ; one to keep his oflice at Columbia, and the
other in Charleston. The offices of Secretary of State, and surveyor
general, wei'e to be kept at both these places; the principals to reside
at the one place, and their deputies at the olhei\ The meetings of the
judges at the conclusion of the circuits, for hearing and deciding cases
and points of law, by way of appeal, were also established at Charleston,
as well as at the seat of government.
Thus a sort of duplicate government was instituted, and the ancient
predominancy of the lower country in a great measure preserved. And
the apportionment of the representation in the legislature, was well cal-
culated to maintain that predominancy. It was extremely unequal ; the
lower country having a much gi-eater representation, upon any principle
of fair and equal government, than the upper and middle country.
This disproportion encreased every year, by the progress of popula-
tion, and became so glaring as to excite considerable discontent and
animosities. An association was formed, not long after the establish-
ment of the constitution, the object of which was to bring about a reform
in the representative system. Robert Goodloe Harper, esquire, who was
at the head of this association, and had published a pamphlet on the
subject, afterwards, as a member of the House of Representatives,
brought the matter before the legislature. It was warmly opposed by
the members from the lower country generally, and was rejected by a
large majority.
In process of time, however, as the upper and middle countiy en-
creased in population, and improved in education and knowledge, while
the lower country remained stationary in these respects, a more yielding
and liberal spirit was manifested ; and the more sagacious and calculating
part of the community of the lower country, being convinced of the
propriety and necessity of a reform, became reconciled to the measure ;
and a new ai'rangement of the representation in the legislature was
established in 1809, as it now stands in the constitution. A feeble op-
position was made to it on general principles; but the mode of reform
was the subject of considerable debate.
It was declared to be the opinion of the convention, that the legisla-
ture should make effectual provision for revising, digesting and publish-
ing the laws of the state, so as that a general knowledge thereof might
be diffused among the citizens. This object, about which the convention,
and different legislative assemblies, prior to 1790, appear to have been
very anxious, seems to have excited no interest, nor attracted the atten-
tion of any subsequent legislature : and indeed the community in general
OF SOUTH CAROLINA. 4:r/
seems to have considered it with indiflerence, or passed it over unno- oIIbervat'ions
ticed, as a matter of no importance.
In the year 1791, the legishituie proceeded to alter and amend the
laws relating to the judicial department of the government. The courts
of equity were directed to be held at three difierent places in the state;
and witnesses were to be examined in open court. The mode of
obtaining injunctions was declared, and other regulations established.
The circuit courts were invested with complete, original and final juris-
diction; new districts were erected; and the powers and duties of the
judges more particularly declared. The county courts were new
modelled : the rights of primogeniture were abolished, and also the ficti-
tious proceedings in the action of ejectment : a more equal distribution
of the estates of persons dying intestate was prescribed, and the action
of trespass to try the titles to land, combining the action for mesne
profits, substituted in lieu of the action of ejectment. Salaries and fees
were established, and commissioners appointed to adjust and settle ac-
counts of the treasury department.
In 1794, acts were passed to organize the militia in conformity with the
act of Congress, for establishing a uniform militia throughout the United
States.
Many other laws were made of considerable importance, (but too tedi-
ous to enumerate,) in 1794, and the succeeding years, down to 1798.
At this time the administration of justice was extremely tedious and
defective. The jurisdiction of the county courts was very limited ; and
in many of them, justice was dispensed in a very loose and imperfect
manner. The accumuletion of busines in the circuit courts had greatly
increased ; and the manner of despatching it, was not always the best that
might be practised to answer the purposes of public justice, and give satis-
faction to the people.
In order to establish a uniform and more convenient system of judi-
cature, a bill was brought forward in the legislature, for instituting
district courts, in the several counties of the state, and in small sections
of that part of the state wherein county courts were not established, and
to aiTange those courts into several circuits or ridings.
The most zealous and able advocates of this project, were William
Falconer, Esq. a member of the House of Representatives from Ches-
terfield, and William Marshall, Esq. late one of the judges of the
courts of equity, a member of the Senate. It was carried, and passed
into a law.
This law was afterwards revised and amended in 1799, and county
courts, which had been retained in the former act, with very limited
powers, were now forever abolished. A supplementary act was passed
the same year, providing for every case that might occur under the vari-
ous changes which were directed to take place in the judiciary system.
The appointment of additional judges and circuit solicitors were provided
for ; courts of ordinary were established in each district ; and many other
important regulations adopted.
An act passed the same year to establish the (jffice of comptroller of
the treasury.
In 1801, an act was passed to establish a college at Columbia; and the
sum of fifty thousand dollars was appropriated for erecting suitable buil-
dings ; also, the annual sum of six thouiand dollars, for the purpose of
paying the salaries of the oflicers of the college, and other puiposes. In
addition to this, an extensive paixel of land, in an elevated situation, was
bestowed by the legislature, for the site of the college edifices.
438 STATUTES AT LARGE
Brevard's In tlie same year, a court of inferior jurisdiction was established in the
Observations ^jjy of Charleston. The court of wardens had been abolished a few
years before.
By an act of 1805, original grants of land were declared to be valid,
though wanting the great seal of the state ; and the little seal was direc-
ted to be thereafter affixed to grants.
In 1808, the state was divided into equity districts and circuits : and
the courts of equity were directed to be held by one judge in the
respective districts. And a court of appeals for the court of equity was
established, to be holden twice a year, at both Columbia and Charles-
ton.
In 1809, an act passed ratifying former acts amending the constitu-
tion, and refomiing the arrangement of the representation in the legisla-
ture, which acts had passed in 1808. Sheriffs were directed to be
elected by the people of each district, and the judges of the law courts
were vested with power to appoint guardians to minors, and in cases of
ideocy and lunacy.
An act of 1811, requires the judges respectively to give their reasons
in writinse, in all cases submitted to them in the constitutional court
of appeals. And the judges of the courts of equity are enjoined to
observe a similar rule in cases of appeal decided by them.
In 1812, an act passed against duelling ; and another establishing the
bank of the state.
In 1813, the dispute with the state of North Carolina, concerning
boundary, was finally settled, and an act was passed on the subject,
confirming the treaty made by the commissioners appointed by the two
states to adjust the dispute.
To conclude this imperfect and rude sketch of our legal history, the
author hopes he may be permitted, in extenuation of his failures, in the
compilation of the Digest, as well as in this attempt to trace the civil
jurisprudence of the state from its origin, to say, in the language of Dr.
Johnson, that " to have attempted much is always laudable, even
when the enterprize is above the strength that undertakes it:" and he
presumes, however extravagant it may appear, to pi-efer a wish, that
our laws may hereafter be revised, corrected and improved, in such a
manner that they may attain that perfection, which the virtuous Sydney
(the innocent victim of a vile court and profligate kmg) predicates of
law in general — "Established for the good of the people, which no
passion can disturb : — void of desire and fear, lust and anger : — inejis sine
affectu, mind without passion, vvritten reason, retaining some measure of
the divine perfection : — not enjoining that which pleases a weak frail
man, but, without any regard to persons, commanding that which is good,
and punishing evil in all, whether rich or poor, high or low : — deaf, in-
exorable, inflexible."
" Of law" (says the excellent Hooker, in his book of ecclesiastical
polity) " no less can be acknowledged, than that her seat is the bosom
of God, her voice the harmony of the world. All things in heaven and
earth do her homage ; the least as feeling her care, and the greatest as
not exempted from her power."
JOSEPH BREVARD.
September, 1814.
OF SOUTH CAROLINA. 439
A LIST OF JUDGES AND ATTORNEY GENERALS.
JUDGES.
EDMUND BOIIT'N, chifif justice; appointed in 1696; died the same year.
NICHOLA.S TROTT, nlioiit the years 1712 — 1718. He was also judge of the provincial
court of vice admiralty in 1715.
RICHARD A 1,1,1 KN, chief justice ; chosen by the legislature in place of Nicholas Trott, who
was su|i<TMiled.
ROBERT WRICHT, chief justice; appointed in 1730; died in 1739.
THOMAS DALE, assistant judge of the courts of general sessions and common pleas;
appointed March 5th, 1736.
ROTll'RT AUSTIN, ditto appointed April 8th, 1737.
15 1 : ,N .1 \ M I .\ DE LA CONSEILLERE, ditto appointed .same time.
TllO.MASLAMBALL, ditto appointed April-iOth, 1737.
'I'llO.MAS DA LFI, chief ju.slice; appointed in 1739, Oct. 17ih; superseded in November.
BENJAMIN WlllTAKER, chief justice; appointed Nov. 7th, 1739; removed in 1749, being
paralytic.
ISAAC 3L\ZYCK, assistant judge ; appointed February 5th, 1740.
WILLIAM BULL, Jr. ditto " same time.
ROHKRTYONGE, ditto " February 12th, 1740.
OTII.MELBEALE, ditto " July 3d, 1741.
JOHN LINING, ditto " August I5ih, 1744
JAMES GR.E31E, chief justice ; appointed June 6ih, 1749 ; died in 1752.
CHAR1>E8P1NCKNEY, ditto " September 22d, 1752.
PETER LEIGH, ditto " October 27th, 1753 ; died in 1759.
JOHN DRAYTON, assistant judge ; " October 9th, 1753.
JAMES MIOHIE, chief justice ; " September 1st, 1759 ; died in 1760.
WILLIA.AI i^liMI'SON, assistant judge ; appointed February 27th, 1760.
ROBERT PlUNtiLE, ditto " March 3d, 1760.
WILLIAM SIMPSON, chief justice; " Januarv24th, 1761.
CHARLES SKLNNER, ditto " January Dth, 1762.
RCBERT PRI.N(.LE, as.sistant Judge " March 23d, 1762.
WILLIA.^I HI RROWS, ditto " November 21st, 176L
ROBERT BRISBANE, ditto " November 1st, 1764.
RAWLINS LOWNDES, ditto " February 7th, 1766.
BENJAMIN S.MITH, ditto " February 28ih. 1766.
DANIEL D'OYLEY, ditto " March 1st, 1766
GEORGE GABRIEL POWELL, ditto " August 10th, 1769; superseded in 1772.
TH03IASKN0XG0RD0N, chief justice; appointed May 13th, 1771.
EDW,\RD SAVAGE, assistant judge; appointed May 30th, 1771.
JOHN :\n'RRAY ditto " November 18th, 1771.
JOHN FEWTRELL, ditto " November 19ih, 1771.
3IATTIIi;WC0SLETT, ditto " Aprd 23d, 1772.
WM. HENRY DRAYTON, ditto " .laimary 25th, 1774-
WILLIA:\r (;REG0RY, ■ ditto " November 4th, 1774.
WiM. HENRY DRAYTON, chief justice; appointed April 12th, 1776.
JOHN MATTHEWS, assistant judge; appointed April 17th, 1776.
THOMAS BEE, ditto " April 15ih
HENRY PENDLETON, ditto " April 17th, " died in 1788.
;EDANl S Bl 1{KE, ditto " Apnl 1st, 1778.
THO.MAS HEY WARD, ditto, " February 25th, 1779 ; resigned in 1789.
JOHN FAUCHEREAUDGRIMKE, assistant judge; appointed March 20th, 1779 ; resigned
in 1783.
THOMAS WATTES, .assistant judge ; appointed February 2d, 1779; resigned in 1789.
WILLIA.M DRAYTON, ditto " .March 17th, " " 1789.
JOHN RITLEDGE, chief justice; elected and commissioned February 16th, 1791; resigned
in 1795.
ELIHU HALL B.\Y, associate judge; ditto February 19th, 1791.
WILI-L\.M JOH.NSON, Jr. judge of thecourtsof general sessions and common pleas; elected
and commissioned February 10th, IStK) ; resigned .May, 1804.
EPHRAIM RA.MSAY, elected and commissioned December lt>th, 1799.
LEWIS TREZEVANT, ditto February 10th, 1800; died Feb. 15th, 1808.
440
STATUTES AT LARGE
List of JOSEPH BREVARD, judge of the courts of general sessions and common pleas ; elected and
Judges. commissioned, December 17th, 1801.
TFI03IAS LEE, elected and commissioned May, 1804.
SAMTEI- WILDS, Jr. ditto December 1 1th, 1804; died February, 1810.
WILLIAM SMI'I'H, ■ ditto June 28th, 1808.
ABRAHAM NOTT, ditto December 5th, 1810.
CHARLES JONES COLCOCK, ditto December 9th, 1811.
RICHARD GANTT, appointed December 14th, 1815.
DAVID JOHNSON, ditto ditto
LANGDON CHEVES, ditto ditto Dec. 17th, 1816. Judge Smith having resigned.
JOHN S. RICHARDSON, ditto December 18th, 1818.
DANIEL ELLIOTT HUGER, ditto December 11th, 1819; resigned September, 1830,
Dec. 18th, 1824. Elected from Court of Equity,
ditto ditto,
ditto ditto.
December 20th, 1828.
December 12th, 1829.
December 2d, 1830; died November, 1833.
ditto
December 5th, 1833.
WILLIAM DOBEIN JAMES, ditto
THEODORE GAILLIARD, ditto
THOMAS WATIES,
JOHN B. O'NEALL,
JOSIAH J. EVANS,
WM. D. MARTIN,
BAYLES J. EARLE,
A. PICKENS BUTLER,
ditto
di-lto
ditto
ditto
ditto
ditto
JUDGES OF THE COURT OF EQUITY,
JOHN RUTLEDGE, (commissioned 1784)
RICHARD HUDSON,
JOHN MATTHEWS,
HUGH RUTLEDGE,
JAMES GREEN HUNT,
iEDANUS BURKE, (com. 1800,)
WILLIAM MARSHALL, (com. 1800)
WILLIAM JAMES,
WAUDY THOMPSON, (com. 1805,)
HENRY WM. DESAUSSURE, (1808,)
THEODORE GAILLARD, (1808,)
THOMAS WATIES, (1811,)
HENRY W. DESAUSSURE, Dec. 18th, 1824,
WADDY THOMPSON, ditto ; lesigned,
Dec. 16, 1828,
WILLIAM HARPER, December 20th, 1828,
JOB JOHNSTON, Dec. 4, 1830,
WILLIA.'M HARPER, December, 1835,
DAVID JOHNSON, December, 1835.
LIST OF JUDGES OF THE COURT OF APPEALS.
CHARLES J. COLCOCK, appointed December 18th, 1824.
ABRAHAM NOTT, ditto ditto died June, 1830,
DAVID JOHNSON, ditto ditto
WILLIAM HARPER, ditto December 1st, 1830.
.JOHN B. O'NEALL, ditto ditto
The Appeal Court of 3 Judges was established in 1824— the Appeal Court of 10 Circuit Judges
in 1835.
ATTORNEY GENERALS.
DAVID GRiEME, appointed January 11th, 1762.
JAMES MOULTRIE, appointed pro tem. January 30th, 1764; resigned in September,
JOHN RUTLEDGE, appointed September 17th, 1764, pro tem.
EGERTON LEIGH, appointed June 5th, 1765, in room of D. Graeme.
ALEXANDER MOULTRIE, appointed April 13th, 1776.
JOHN JULIUS PRINGLE, appointed December 20th, 1792.
LANGDON CHEVES, appointed December 17th, 1808.
JOHN S. RICHARDSON, appointed December 6th, 1810.
JOHN S. RICHARDSON, appointed Nov. 30th, 1816.
ROBERT Y. HAYNE, appointed Dec 18th, 1818.
JAMES L. PETTIGRU, appointed Dec. 7th, 1822.
Ditto appointed Nov. 29th, 1826.
HUGH S LEGARE, appointed Nov. 27th, 1830.
R. BARNWELL SMITH, appointed Nov. 29th, 1832,
iImKjtjp
-*
♦
Act of parliament prescribing an oath of allegiance and stipremacy, 126
Act of the legislature of S- Carolina : concerning the oath of allegiance of 1777, 135
1778, 147
" " of 24th Nov. 1832, 375
" to carry into effect the nullifying ordinance, 371
Abjuration and Allegiance: acts relating thereto, 126, 135, 147
Address of the People of South Carohna to the 23 States, on the ordinance, &c 346
Agrarian Laws, 18
Allegiance, oath of: see Abjuration and Allegiance.
B.
Boundary Line.
Preliminary observations, ")
Between South Carolina and Georgia, j- IV
" South and North Carolina, J
Documents, Memoranda, and Acts of the Legislature relating to the Boun-
dary Line of South Carohna : viz.
Extract from Gov. Drayton's View of South Carohna in 1802, in relation to
the boundary line of the State 404
Remarks of the Editor thereon 405
Extract from Timothy's Southern Gazette, October 21, 1732 406
" being the representation of Geo. Burrington, Governor of North
Carolina, on the Boundary Line 406
Counter represcntationof Governor R.Johnson, of South Carohna, Timothy's
Southern Gazette, Nov. 4, 1732 407
List of papers and documents relating to the boundary line of South Carolina,
deposited in the Office of the Secretary of State at Columbia 407
Documents relating to the boundary line between South and North Carolina,
to be found in the acts of the North Carolina Legislature and in the office
of the Secretary of State at Raleigh, North Carolina, 409
Communication from Governor Swain, of North Carolina, to Jos. G. Cogswell
Esq. (for Dr. Cooper. ) 409
An Ordinance for ratifying and confirming a Convention between the States
of South Carolina and Georgia relating to Boundary, passed 29 Feb. 1788. ..411
Certain articles of boundary agreed on between the two States 413
An Act concerning the line of division between this State and North Caro-
lina, passed 21st December, 1804 415
An Act for ratifying and confirming a provisional agreement between the
State of South Carolina and the State of North Carolina, concluded atMc'
Kinney's, on Toxaway river, the 1th of Sep. 1813 416
VOL. 1.—56.
442 I IV D E X .
An Act to declare the assent of this Slate to a Convention between this State
and the State of Georgia for the purpose of improving the navigation of the
Savannah and Tiigaloo rivers-20th Dec. 1825 422
Brevard, Judgb:. His abridgement of the Laws IV
His observations on the legislative history of South Carolina. 425
First period, 1630to 1720 425
Second period, 1720 to 1775 : 430
Third period, 1775 to 1783 432
Fourth period, 1783 to 1814 433
List of Judges and Attorney Generals 439
c.
CASiauE or Cazique 43
Cession of lands to Congress by Virginia and other States 159, 167
" " SouthCarolina 169
Resolutions of Congress to accept cessions of land 168
Remarks by the Editor on the various acts of cession 169
Charters, colonial VII
Of South Carolina: first, page 21, second 31
Chesterfield, resolutions passed there, and report thereon 226
Communication to the Governor (M'Duffie,) by the editor, on this edition I
Confederation, Articles of, July, 1778 152
Constitution of John Locke XII, 42
Of the United States, with the ammendments 171, 181
Resolutions of the 2 houses of So. Ca. 18ih Dec. 1829, respecting the same.. 183
Constitutions of S. Carolina, notice of early ones not adopted 16, 17
South Carolina, of 1776 128
1778 137
1790 184
Amendments thereto 193
Convention of South Carolina : see title X^ocumente relating to tht; Convention
Cooper's edition of the Statutes at large of Great Britain VI
D.
Durham, a county Palatine 16
Documents, ir^JsZa^iue, relating to the protecting Tariff, and other questions of federal
relation, anterior to the Convention of 1832, with a brief analysis of each.
Resolutions passedat Chesterjield, and report thereon 226
Federal Judiciary decisions, report thereon, 228 : also on internal improvements,
protective imposts, and misappUcation of powers 228
Mr. Ramsay of the Senate: report oil\\e Special Committee on the resolutions
introduced "by him, Dec. 1827 230
That the federal Constitution is a creature of the States, in their State capa-
city, not of the people in their popular and individual capacity 231
. Observations on the decisions of the Supreme Court 231
That the right of remonstrance in cases of infraction, belongs to the State le-
gislatures 233
Distinction between power abused, and power usurped 234
Objections to the jurisdiction of the federal judiciary in controversies between
a State and the Ignited States, 235
Congress not empoAvered to protect a partial and local interest at the expenee
of the general interest. Applied to the Tariff of protection 235
Character of a general as opposed to a local interest 236
Congress has no power to construct roads and canals within the limits of a state .237
Internal improvements not within the power of Congress under the pretence
of general welfare 238
A power must be given plainly and directly, not indirectly 238
1 i\ U £ X . 443
General welfare confined in its exerci.se to tlic specifications in our common
compact 239
Congress cannot constitulionally meddle with the colored population of these
Siaus 239
•Soul h ( 'nrolina, in cases of usurped power, must approach Congress, not as an
inferior owing obedience, bul as a sovereign and an equal 239
It is the duly of a 8tate legislature to notice and object, in the earliest and
prouiptest manner, lo an unautliorizcd assumption of pawer, or an infrac-
tion of ihc Consliuuion of any kind 241
Resolutions of the Committee 242
Protest and instructions of the legislature of South Carolina on the right of
Congress to impose protecting duties, Dec. 19, 182S 2'14, 246
Exposition a ?id Protest on the Tariff. 247
The TarilT tax sustains both the American System and the Government 249
Immaterial as to the result whether imposed on export or import 250
Proportion of export of the Southern States to the whole export of the union,
about 7 to 10 3-5 250
The Tax falls on the consumers ; but the consumers of the Northern States
are indemnified ; the Southern consumers are not 252
Wages of labor and profit of capital in the United States and England 256
A manufactured article of cotton here, will cost at this time lo the consumer
80 per cent more than in England 256
The Tariff monopoly prevents the South from enlarging her production by
enlarging her market 2d7
The home market of the North is no adequate Compensation 257
A great export trade of cotton goods of home manufacture, illusive 257
The loss produced to the South by this Tariff taxation, is not compensated by
the gains of the Northern Manufacturers 259
The Constitution authorizes the manufacturing States.each for itself, to lay an
import duty if they think fit to do so 259
The tendency of the protecting Tariff is lo corrupt the government and destroy
the liberties of the country 200
The manufacturing States being the majority, are irresponsible and uncontrol-
lable ; and in fact, act as sovereigns over the minority 261
Erroneous views of the power of the Federal Judiciary 264
Where resort can be had to nj tribunal superior in authority to the parties,
the latter mustdecide for themselves 266
The right of the States to interpose in cases of unconstitutional usurpation on
the part of the Federal Government, is indeed a right not expressly declared,
but necessarily inferred ; like the right of the Judges to decide on the un-
constitutionaUty of a law 267, 263
The objection to the power of State interposition, that it places the minority
over the majority, invalid ; and why -o3
The Tariff of protection affords a proper case of Stale interposition 272
Interposition in cases of infraction, a duty 2/3
Georgia. Report of the Legislature on the South Carolina Resolutions of 1828 .274
The Federal Constitution is a compact between independent sovereignties 274
The articles of confederation of 1778 mpde a special reservation of all rights
ot sovereignty not expressly delegated -''*
The affirmative grant of powers in the Constitution of 1787 operates an exclu-
sion of all powers not enumerated -'5
The term general welfare, requires that the powers used lo attain this end,
must be general in their nature and tendency ~'5
The Tariff of protection unconstitutional 275
So is the appropriation of money by Congress to improve or benefit a mere
section of the United States 275
If it may be done at a small, it may at a large expense ; so as to make the na-
tional treasury tributary to the aggrandizement of a particular section 275
■^^•-^^ ^^^.^
444 I ]V D E X .
The right of Congress to interfere onjthe question of domestic slavery, is not
a subject to be discussed. Non interference, was the sine qua non insisted
on by the Southern States when the Union was formed 276
All associations for the abolition of Slavery,including the Colonization Society,
to be viewed with distrust 276
Memorial of the State of Georgia on the Tariff 277
The protecting Tariff, unconstitutional, and why 277
" " Inexpedient and oppressive 278
" " Unjust to the Agricultural States 279
The fair construction of the Constitution, is strict, not latitudinary 279
The Tariff does not protect and extend, but diminishes Commerce 280
It makes certain sections of the Union tributary to the rest 280
A Congress majority not absolute and irresistible 281
The promises of the manufacturing States are ill-founded assumptions 281
The protecting Tariff will diminish our Revenue ; for the profits it gives to
the manufacturer, do not go into the Treasury 282
In all Tariff taxation, the consumer pays the tax as if it were part of the price
of the commodity 282
The power claimed of protecting manufactures is not included in that of pro-
moting useful arts 282
A revenue Tariff is constitutional, and necessary 283
A protecting Tariff will give rise to smuggUng 284
Remonstrance of the State of Georgia to the Tariff States. December 1828 .286
The repeal of the protecting system demanded 287
The power to protect commerce was not meant to operate on the internal con-
cerns and interests of the several States. It was given to enable commer-
cial treaties to be formed with foreign powers and equalized through all the
States 288
Uniformity and equality of imposts being required, it negatives the power of *
all taxation meant to give an advantage to one section of the Union over
the others 288
If protection be granted to one manufacture, every other has a right to de-
mand it 289
The exercise of a power not granted, but assumed, is despotism 289
If the general welfare embraces all powers proper to promote it, the enume-
rations of powers in the Constitution are nugatory 289
This expression, (the general welfare) is not of itself a grant of powers, but
merely the designation of the object to which the powers specifically grant-
ed are to be applied 289
The whole prohibitory system is founded in error. Each State ought to be
left equally free to use for its own benefit, the natural or acquired advanta-
ges it possesses 290
These encroachments on the national compact put the Union itself at risk 290
We entered the Union for the protection of our rights : if instead of being
protected they are infringed, we must seek, as we did under British domi-
nation, an effectual remedy 291
Virginia. Resolutio7i.'! of, on the powers of the Federal Government 292
The Resolutions transmitted by South Carolina, are "mainly sustainable" 292
The Government of the United States, federative in its character and limited
in its powers 293
Virginia abides by her expose and proceedings in 1798 293
The proper construction of the Constitution is a limited one — no power in
Congress is sanctioned by it, that is not enumerated : nor can any power
be exercised but for the purposes therein designated 294
The protecting system not authorized by the power of promoting science and
the useful ajts .294
Enumeration of some proposals rejected in the Convention ol 1787 294
The power to lay and collect taxes &c. Section 8 of Article 1, does not include
the right of enacting the protective system 295
To provide for the common defence and general welfare, includes no specific
I IV D E X . 445
power 296
Tho power given to regulate Commerce with foreign nations, involves no
power over our domestic manufactures, which are fixed, permanent, and
local cstablishmoiits 299
To regulate Commcrto, means to extend, to protect, to perfect it. The
American system contemplates its annihilation 299
In the formation of this government, all local, interior, domestic concerns that
the States were competent to regulate each for itwelf, were left to the
exclusive legislation of llie separate States. All matters of foreign policy,
all matters of a general character, that equally affected all the States, were
referred to the Federal Government 300
The Federal and State Governments, mutual checks on each other 300
The Legislatures of the several States are the guardians of our political In-
stitutions; and each Slali: lias the ri'^hl to construe otir national compact for
itself ". 301
The protecting Tariff, is partial, impolitic and oppressive ; and unauthorized
by the Constitution of 1787 302
South Carolina. Resolutions of, on the Constitution of the United States, and
the powers of the General Goveriunent 303
Declare a warm attachment to the Union 303
That the States being parties to the national compact, are in duty bound to
interpose in case of an infraction 303
That there being no common Judge appointed of competent authority, each
party in cases of alledgcd infraction must judge and decide thereon for
itself, as well as concerning the mode and measure of redress 303
That a disposition has appeared in Congress to extend, enlarge, and destroy
the hmitations of powers granted, by forced constructions, expansions of
general phrases, and nnplicationsnot warranted by the intent of the framers
, or by the expressions or spirit of the Constitutional charter 304
That the laws enacting protecting duties for manufactures, are deUberate,
dangerous, and oppressive violations of the national compact 304
Report cf the Committee on Federal Relations, Dec. 1831, on the letter of
General Jackson, President of the United States 305
The letter of the President expresses his official opinions 305
It assumes and denounces some plan of disorganization presumed to be in con-
templation in South Carolina 305
It IS his duty to lay before the constituted authorities the nature, extent, and
evidence of this presumed plan 306
Freedom of discussion can neither be prohibited or prevented 306
The public and Legislative discussions of South Carohna, are not to be, and
will not be controlled by any threat of the President 307
When the President denounces and threatens "disorganization," he attacks a
supposed offence unknown to the Laws and Constitution 307
Even supposing a plan of disunion to be contemplated, the President has no
right to denounce, and no power to oppose, or prevent it 307
The right of secession is inherent in every State 307
Every State has the right of judging and deciding whether a Law of Congress
be constitutional or not : and such judgement is to her, paramount : and the
law in question can only be enforced by violence and tyranny 308
The letter of the President of the United States to sundry citizens of this
State, is an unauthorized interference, dangerous to the rights of the State,
and repulsive to the feelings of a free people 308
Documents, relating to the first Session of the Convention with a brief analysis of each.
Act to provide for calling a Convention of the People of this State 309
A Convention to meet at Columbia, the 3d Monday of \ovr. 1832 309
The Managers of Elections to open the polls on the '2d Monday of Novr. 1832, 309
Persons qualified to vote for Members of the Legislature, are qualified also
to vote for Members of tho Convention 310
Each District to send a number of Delegates, equal to the whole number of
Senators and Representatives they are entitled to send to the Legislature, 310
All free wliite male citizens of 21 years of age and upwards, entitled to vote, 310
446 I Rf D E X .
The Convention may be continued by adjournments 310
Note of the Editor on the powers of a Convention 310
Report of the Committee to whom was referred the act to provide for call-
ing a Convention 312
Brief history of the acts imposing a Tariff of protection on imported articles, 313
The Government of the United States, is a creature of tlie States ; appoin-
ted for limited and special purposes 317
The power of regulating Domestic Industry was not granted to Congress, 317
Commerce is one object of Legislation ; Manufactures another ; AgricuUure
a third; each distinct and separate from the others, 318
If a power to regulate Commerce, implies also a power to regulate Manufac-
tures and Agriculture, and a dominion over the whole capital of the coun-
try, it implies an unlimited despotism, 318
The whole subject was brought before tlie Convention of 1787 in the seve-
ral propositions then and there made and rejected, 318
The power of protecting the Manufactures of each State, is given by the
Constitution to each State separately, on application to, and with consent
of Congress 319
The Tariff Laws of 1824, 1828, 1832, are confessedly" and avowedly not
Revenue Laws, but protective merely 320
The Protective System equally unconstitutional, oppressive, and unjust, . 321
The latitudinarian principles of Construction on which the Tariff is founded,
lead directly to Consolidation and Monarchy 321
It is absolute infatuation to suppose that Congress can be adequate to the
detailed regulation"of the whole labour and capital of this vast Confedera-
cy, as if the States were dependent Colonies, 321
The consequences of this pretension have been enormous appropriations for
Pensions, Roads and Canals ; it has assumed to create a Bank, to foster Sci-
ence and the Acts, Education and Charities. Congress claims also,
unlimited controul over the sale and proceeds of the Public Lands, and the
appropriations of the Public Monies ; extending the Executive patronage
connected with these objects into the minutest ramifications of public office
in every State, 322
Enumeration of the public proceedings of South Carohna, in reference to
these objects of complaint, from 1820 to the present time, 322
South Carohna has been joined in her remonstrances by Georgia, Virginia,
Alabama, Mississippi and North Carolina, 323
Congress in 1832, persisted in the system of Tariff Taxation, not for the
purposes of Revenue, but protection, , 324
Discussion of the steps proper to be taken to arrest the progress of this
evil, 325
A recurrence to the rights and powers of State Sovereignty, 325
Unless the question can be laid before a Convention of the States 327
"A Nullification of the Act, is the rightful remedy," 328
ORDINANCE of Nullification, 24th Novr. 1832 329
Declares the acts of Congress imposing duties on the importation of foreign
commodities, of 1828 and the 14th July 1832 null, void, and no law, 329
That no constituted authority of this State, whatever, shall be allowed to
enforce the payment of duties enjoined by those acts, within the state of
South Carolina. But shall obey and give efl^ect to the present Ordinance
and the acts of Legislature passed in conformity therewith 330
That no appeal shall be taken or allowed from any Court of Law or
Equity in this State, to the Supreme Court of the United States : nor
any copy of any record be given for that purpose. And the Courts
of this State shall proceed to execute their judgements without refer-
ence or regard to any such appeal to the Federal Supreme Court ; 330
An oath to be taken by all Officers, civil or military, and by all Jurors in
this State, well and truly to enforce and execute this Ordinance 330
The application of force on the part of the Federal Government, shall be
forthwith followed by a secession of this State from the Union 33l
II\ J> K X . 447
Address to the People of South Carolina from their Delegates in Convention 334
nio Federal Governmoiit is not a National but B'ederal Government 335
It is to all intents and purposes the creature of the States 335
The Slates, and not llic People, are parlies to the Compact 353
There is no such body itnovvn to the Constitution or the Laws, as
the "People of the United States,"
The Sovereign powers of the United States, are all derivative and delega-
ted powers : and such as are not expressly delegated, are reserved, 335
Although these powers are termed Sovereign, it is an improper applica-
tion of the term. Sovereignty is one and unalienable, and belongs to
each State. The Federal Government is a treaty, an alhanco, a con-
federation, between sovereign States : whereby that (iovernment has
acquired by delegation, controul over War, Peace, Commerce, Foreign
Negotiation, and Indian Trade. On all other subjects, the States exer-
cise their Sovereignty separately, 335
As the States conferred, so the States can take away the powers they
have delegated. Sovereignty resides, therefore, not in the Federal Gov-
ernment, which the States made, can unmake or alter, but in the States
themselves 336
South Carolina, as a Sovereign State, will not yield her right of judging of
constitutional infractions, to the Supreme Court, or any other jurisdiction :
the Supreme Court of the United States is a creature of the Federal
Government, 336
It is the duty of a Slate Convention to declare the extent of grievance, and
designate the mode and measure of redress 337
Brief statement of the parties in the Convention of 1787 337, 338
As ho hope is to be reasonably entertained of a return in Congress to reason
and justice, after the passing of the Tariff' act of 1832, the course for this
State to pursue, is RESISTANCE 338
Not physical but moral resistance : the resistance of counter-Legislation ;
call it State interposition. State veto, or xNuUification : still it is, and is
meant to be, resistance to oppression 338
We claim it as a Constitutional Right, necessarily arising from the genius
and spirit of the National Compact, and belonging to each one of the par-
ties to it. We view it as an act of Sovereignty reserved to each State,
at the formation of that Compact 338
It was so regarded by the Virginia Resolutions of 1798 339, 340
A measure is not revolutionary, which calls the attention of all the co-States,
to decide on their rights as States 341
There is no danger that a State will resort too often to her reserved rights :
for we have petiti med and remonstrated patiently during ten years past:
and though the conviction has been universal, it is but now, that the peo-
ple have been brought to the resisting point 342
Objections urged against Nullification 342
A fresh understanding of tlie bargain with the States and the- Federal Gov-
ernment, has become absolutely necessary 344
Resolved, that no more taxes for tari(f protection shall be paid here 344
No obedience admissible which conllicts with the primary allegiance due to
our own State 345
There is no direct or immediate allegiance between the citizens of South Caro-
lina and the General Government 345
S. Carolina has a right to declare an unconstitutional Law of Congress void . . .345
Address of the People of South Carolina, to the 23 States, on the
Ordinance nuUifying the Protecting Tariff Laws 346
The acts of Congiess of 19th 3Iay 1828, and 14th July 1832, are unconstitu-
tional and void, ' 346
Right and duty of the several States to protect the Constitution, and inter-
pose to prevent its infraction 347
Kflcrt of the Tariff Laws on South Carolina 348
448 II\D£X.
Comparison between a Manufacturing State, paying no duties, and an
Ajjricultural State subjected to the effects of the Tariff 349
Carolina is treated as a vassal and colonial State 350
The majority in Congress who impose these Tariff duties, not merely injure
' Carolina, but benefit themselves 351
South Carolma is actuated by the motive not of destroying but of preserving
the Union 351
South Carolina, though a small State, is inflexibly determined to pursue her
adopted course till redress be obtained 352
In justice, the whole revenue ought to be raised from the unprotected, and
not from the protected articles .352
Proposal of South Carolina that the duties on protected and unprotected arti-
cles be equal, provided no greater amount of duty bo imposed than the
revenue requires, and that an uniform duty be imposed on all foreign arti-
cles 353
If South Carolina be driven out of the Union, the States whom she could
supply, must follow her example : and a dissolution of the Union must
necessarily ensue 353
The Tariff system shall not be forced on South CaroUna by military power.. .354
Resolutions respecting the Proclamation of the President of the United States,
17th Dec. 1832 355
Request to the Governor to issue his counter Proclamation 355
Report of the Committee on Federal Relations, Dec. 20, 1832, on the procla-
mation of the President of the United States 356
Objections to which that Proclamation is liable 356
Determination of South Carolina to repel force by force 357
Proclamation by the Governor of South Carolina. (R. Y. Hayne) 358
Preamble. False and unsound doctrines and misrepresentations contained
in the President's Proclamation 358
They are doctrines and positions suited only to a consolidated and not a fede-
rative government 359
They belong only to the advocates of a National Government 359
The words Laws "made in pursuance of the Constitution," the President re-
gards as surplusage : and he speaks throughout, of "the expHcit supremacy
of the laws of the Union over those of the States ;" whereas the Constitu-
tion provides for the supremacy of no laws but such as shall be made in
pursuance thereof 359
An unconstitutional law therefore is null and void 360
Question stated, to what authority or jurisdiction is the right given to decide
this constitutionality , 360
Not to the President : who has refused to abide by the decisions in this case,
of the Federal Court 360
The discovery that even under the articles of confederation, the confederated
States lormed but one nation, without any right of refusing to submit to the
decisions of Congress, was the discovery of his predecessor (Mr. J. Q.
Adams) but reduced to practice by the present President 360
South CaroUna utterly renounces and denies the doctrines and principles
thus advanced and defended by the present President and his immediate
predecessor, as being contradicted by the letter and spirit of our Federal
Constitution ; inconsistent with its provisions, and destructive of its objects;
incompatible with the existence of separate and sovereign States ; and
fatal to the rights and liberties of the people 360
South Carolina has never claimed the right (as the President asserts) of repeal-
ing at pleasure the revenue laws of the Union, or the Constitution, or any
laws undoubtedly constitutional 361, 365
She claims only a right to judge of infractions of the national compact, made
between sovereign States, of which sheis one: which compact extends only
to cases of external relation, war, peace, commerce, foreign negotiations and
Indian trade 361
1 1% D E X . 449
There can be no coimnon judge or umpire between sovereign States: eacli
muiit judge for itself on its own responsibility, wlial is the injury and what
the remedy; and lliis right South Carolina bus not and will not renounce. . 3G1
South ('arolina anopts the doctrine laid down in Mr, Jefl'erHon's Kentucky res-
olutions of 17'Jy 362
And has accordingly declared the acts establishing the Tariff of protection,
null and void 362
And has done this in conformity with Mr. Jefferson's doctrines as expressed
in the Kentucky resolutions of 1799 362
It is not a doubtful assumption that the Tariff acts are meant as protective of
the home manufacture — that their operation is unequal — that they are not
needed to supply the wants of the treasury — or that their proceeds are
meant to be unconstitutionallj' applied 363
The right of State interposition is not strictly a constitutional right, not being
expressly noticed in the Constitution; but it is included in the reserved
rights acknowledged by the Constitution 363
And it is consonant with the Constitution : and agreed to be so by Mr. Madison. 363
Who agrees that the acts of the Federal Government are no further valid than
the Constitution authorizes them 363
And that the States hi their sovereign capacity being the parties to this com-
pact, there can be no tribunal above them ; but they must decide each for
itself in the last resort 363
If this be not so, then w ill the discretion of Congress, and not the Constitution,
itself be the measure of the powers of Congress, and we shall live under a
government deriving its powers from its own will 364
It the several States have not the power of interposing in case of a gross vio-
lation of the Constitution, then is ours a Consolidated Government, 364
But it IS the duty of each State to protect the Constitution from infractions,
and therefore to interpose to arrest the progress of the evil 364
It is said this right of interposition may be abused : but there will be no temp-
tation to abuse it while Congress acts within its charter 364
Nor will it, as Mr. Madison observes, be lightly resorted to. . . 364
It is the duty of Congress to remove the complaint by legislation, or to call a
Convention 365
The President imputes to South Carolina the intention of repealing all the re-
venue laws, or leaving no alternative but a dissolution of the Union.
Wliereas South Carolina has appealed to the other States for the call of a
Convention, and asks no more than a reduction of Tariff taxation to the
revenue standard : and a resolution has passed her Legislature recently,
demanding the call of a Convention of the States 365
South CaroUna forbears to notice in any spirit of anger the calumnies which
the President has thought fit to heap dn the citizens of this State, who
have taken the lead in this controversy 365
Neither they nor the State will be driven from their course by these unwarrant-
able slanders, or by threats of domestic discord, or hostile force 366
The President has no authority to put down the opposition of South CaroUna. .366
He is not an autocrat here ; he can do no more than execute the laws in the
manner the laws prescribe 366
The President intimates an intention of putting down the opposition of South
Carohna by force and arms : but there is no existing law that will ju.stify this
measure. Constituted authorities acting under the laws of a State, and citi-
zens paying obedience to those laws, are not "rebellious insurgents" acting
without lawful authority 366
The President addresses not insurgents, who are commanded to disperse,
but the people, who are thereby required to re-assemble in Convention and
repeal their Ordinance: it is not a case, therefore, in which force is authorized .367
The long-used means of promises and threats by which tyrants have attempt-
ed to crush resistance to oppression, failed with our ancestors in the case of
Great Britain, and will not succeed with South Carolina 368
VOL. I.— 57.
4-^>0 I IV D E X .
It is for us to take care, that we take no part in forging the chains by which
our Hberties are manacled 369'
South Carolina has raised no standing army, as the President insinuates : her
object is not disunion : it is the vindication of her rights. Venerating the
Constitution, it is her duty and her intention to vindicate that compact from
all aggression, foreign or domestic , 369
The President denies the right of a State to secede from the Union, inasmuch
as the States have consented to form a single Nation. Where then are the
rights of the States ? Thus subjected to the uncontrouled will of the fede-
ral government ? If this be the case, a federal officer may proclaim th«m
as traitors, and reduce them to subjection by a military force. Secession
is denied to the States ; and they are told, they have bound themselves
to these enormities by consenting to a perpetual Union 369
If these principles are established, then has the republic found a master 370
A Sovereign State is denounced, her authority derided, the allegiance of her
citizens denied, she is commanded to tear from her archieves her most so-
lemn decrees, and threatened with military force in case of disobedience :
South Carolina feels that in resisting these arbitrary mandates, she is de-
fending her own rights, the rights of the States, and the rights of man 370
The citizens adjured to support their primary allegiance to their own State, to
disregard these vain menaces, and to sustain the dignity and protect the
liberties of the State, with their lives and fortunes 370
Act of the Legislature to carry into effect an Ordinance to nullify certain acts
of the Congress of the United States, laying duties on imports of foreign
commodities 371
How to recover goods seized under the acts of Congress 371
Plaintiff to give bond and security in the value of the goods 372
Sheriff authorised to distrain on personal property, where a writ of replevin
cannot be executed 372
Proceedings in case of re-captured goods 372
Proceedings for the recovery of duties paid 372
How to act in case of an arrest 372
Proceedings for the recovery of property levied on or sold 372
Penalty for furnishing a record 373
Penalty for resisting process under this act 373
Penalty for seizing goods after delivery by the Sheriff" 373
Penalty for a goaler's detaining any one for disobeying an annulled law 373
Penalty for hiring or using any house or building as a prison 373
Traverse not allowed in case of indictment under this act 374
I ines to be paid into the Treasury 374
The Ordinance or this act may be given in evidence 374
This act when to take effect ." 374
This Act passed 20th December, 1832 374
Act of the Legislature of 20th Dec. 1832, concerning the oath required by the
Ordinance of 24th November, 1832 375
I*reamblc : Form of the Oath 375
How and by whom the Oath administered 375
Time for the oath to be taken 376
Time for military Officers to take the Oath 376
When the Governor may require the Oath to be taken 376
Documents RELATING to the second Session of the Convention.
Letter from the Governor o{ the State (Robert Y. Hayne) to the President of
the Convention, (General James Hamilton, Jr.) respecting the Mission of
Benjamin W. Leigh, Esq 377
Letter from B. W. Leigh, Esq. Commissioner appointed by the Legislature of
Virginia, to Robert Y. Hayne, Governor of South Carolina, March 11, 1833,
containing a request on the part of the Legislature of Virginia, that South
Carolina wowld rescind, or suspend for a time, its late Ordinance of NuUifi-
cation 377
Letter from the Governor of Virginia, (John Floyd) to the Gov. of S. Carolina .. 380
I x^ u e: V . -151
Certljifd copy of the P rmmllr and Rrsululion.i oC the legislature oi' Virginia
Resoluliona, viz.
That Soutli Carolina is niiHtaken in 8upposing that Congress will yield no
relief as to the nets complained of.
That South Carolina he earnestly requested and respectfully entreated to re-
scind or suspend Iier Ordinance of Nullification.
That Congress be and arc earnestly and respectfully requested and entreated
to modify the Acts layinc; duties on imports, so as to effect a gradual
rcdnclioii lo the standard of necessary revenue.
That Virginia expects, and the other States have aright to expect, that nothing
will be done on either side which may endanger the existence of the Union.
That Virginia continues lo regard the doctrines of State Rights and Stale
Sovereignty, as set forth in the resolutions of 1793 and 1799, as a true inter-
pretation of the Constitution of the United States ; but not as countenan-
cing the proceedings of South Carolina, or all the principles assumed by the
President in his Proclamation.
That a Commissioner be sent to communicate with the Governor of the State
of South Carolina on this subject.
That these resolutions be communicated to the President of the U. States. .381, 334
Correspondence between the Commissioner of Virginia and the constitutea
authorities of this State 3*4
Letter from Robert Y. Hai/ne, Governor of South Carolina, to the Honorable
Benjamin Watkins Leigh 33j
Letter from James Hamilton, jr. to Governor R. V. Hayne ,..38G
Report of the Committee on the cominiinication of B. W. Leigh 337
Reasons that compelled the State interposition of South Carolina against the
protecting Tariff, and impending Consolidation 387
This interposition has been beneficial, by producing the modification of the
Tariff in 1S32 under the Compromising Act 333
South Carolina has never insisted on any sudden abolition of the duties on
imports, but a gradual one only 333
South Carolina highly approves of the promised reduction of all duties to the
Revenue standard 389
Under these circumstances, it becomes the liberal spirit which actuates South
Carolina, to rescind her Ordinance of Nullification 339
That Ordinance rescinded. March 15, 1333, 390
Report on the mediation of Virginia 391
South Carolina desires to respond to the friendly solicitude of Virginia 391
South Carolina has acted on the principles of 1798, 1799 391
South Carolina believes that her conduct throughout this contest has been
justified by a fair construction of those resolutions 392
Friendly assurances of Sonih Carolina toward Virginia 392
Approbation of the conduct of B. W. Leigh, Commissioner from Virginia 393
Report of the Committee on the Force Bill of 2d March, 1833 394
The principles sought to be established by that act, are calculated to destroy our
present Constitutional frame of Government, lo subvert public liberty, and
bring about the ruin and debasement of the Southern States 39t
The act "further to provide (or the collection of duties on imports," was in-
tended to counteract the proceedings of South Carolina for the protection
of her reserved rights : and purports doing so by means not authorized by
the Constitution 394
Brief enumeration of the constitutional and legal objections to wliich this act
of Congress is liable 394, 395
Among other features of this act, it supercedes and annihilates the powers and
jurisdictions of the State Courts 397
The members of the legislature of this State, the Judges, the civil officers,
acting in the line of their duty, may become amenable to the United States'
Courts, and a scene of confusion introduced incompatible with regular go-
uernmont 397
A52 IJ^DEX.
The object of the supporters of this bill, is manifestly to introduce a consoh-
dated government 398
It is a continuance of the efforts of one and the same same party that com-
menced in the Convention of 1787, that assumed the name of federal very-
soon after the formation of the present government, that have attempted
to engross the power of the individual states, and interfere in their domes-
tic concerns, that enacted the Alien and Sedition Laws, that introduced the
Protecting Tariff, that denies the Sovereignty of the States, the existence
of reserved rights, and ever points at Consolidation 398
It is the government of a majority, with reference only to the mterests and
power of that majority. The protective system is a small part only of the
unjust proceedings of that majority 398
Unless some constitutional check can be interposed to stop these oppressions,
we shall be liable to others still more revolting, 398
The present is an attempt to raise a party within the State devoted to
Federal interests, exempted from State controul, and subjected only to the
Courts of the United States. It is an attempt which if not resisted, will
reduce the southern Slates to the last degree of provincial slavery 399
The oath of Allegiance contemplated, has been introduced from no party
views, or to support any party ascendency, or to gratify any party re-
sentment; nor has South Carolina ever sought to endanger the Union,
but so to maintain it, as to render it a real safeguard for public liberty, 399
This contest is not to be given up till the Act of Congress in question shall
no longer disgrace the Statute Book. We must go on therefore without
passion, but without faltering, 399
Since many of the provisions of this act are made permanent, and may be put
in force hereafter, the sentiments of the Convention ought to be express-
ed on the principles it contains : and to take care that no Federal authori-
ty unauthorized by our Federal Compact, shall be exercised within the
limits of this State : the Committee, therefore, recommend the following
Ordinance 400
An Ordinance to nullify the Act of Congress of the United States, entitled
" An Act further to provide for the collection of duties on imports." (com-
monly called the Force Bill) 400
The act in question is unauthorized by the Constitution, subversive of it, and
destructive of public liberty ; it is therefore null and void within the limits
of this State : and it is the duty of the Legislature, from time to time, to
pass such acts as are necessary lo prevent the enforcement of the same,.. .400
The allegiance of the citizens of this State, is due to the Sute : Obedience
only, and not Allegiance, is due to any other power acting under authori-
ty delegated by the State, 400
The Legislature empowered to pass acts prescribing Oaths of Allegiance, and
defining what shall amount to a violation of the Allegiance due to the
State, 401
An Act to modify an act laying dm'ies on imports, passed in Congress, 14th
July 1832, and all other acts imposing duties on imports. (The compromi-
sing Law.) 401
After December 31, 1833, all duties exceeding 20 per cent to be reduced by
biennially striking off one tenth of the excess, 401
Duties on Plains, Kerseys &c. raised to 50 percent 401
After June 30, 1842, all duties to be paid in cash 402
Goods to be valued at the Ports of Entry, 402
In addition to the articles exempted from duty by the act of 14th July 1832,
certain other articles are hereby exempted after the 31st Dec. 1833, 402
Certain other articles to be exempted from duty after 30th June, 1842 402
All acts inconsistent with the present act, repealed, 403
Note of the Editor, 403
I i^ D E X . 253
E.
Editor : hie communication to Governor M'Duffie, '
Preface .to this edition, "I
Reasons for adopting his present plan Hit ^^
His note on Magna Carta, and its various promulgations 72
Runny Mede, ^"^
His remarks on the various acts ceding Lands to Congress, 169
His summary of South Carolina doctrines on Federal Relations, 203, 223
His note on the jurisdiction of a Convention 310
His history and remarks on the Boundary Line, 404
Exposition and Protest on the Tariff. 247
Federal Relations. See title "Documents," passim: particularly Pages 210 to 223
and 312 to 320,
G.
Georgia, act relating to the Boundary Line between Georgia and South Carolina 411
Report of the Legislature on the South Carolina Resolutions of 1828 274
Memorial of the State of Georgia on the Tariff. 277
Remonstrance to the Tariff States, Dec. 1828, 286
See the title " Documents" at these pages
Governors, succession of. 1°
Grants of forfeiture before conviction, void 126
Grimke's Public Laws "^
H.
Habeas Corpus Act, of 31 Ch.2. May, 1679, 117
This writ to be returned in 3 days, 117
The body to be brotight in within 20 days, 117
Such writs how to be marked, 118
When issued in vacation, 118
Persons neglecting for two terms, shall have no writ in vacation, 119
Persons set at large, may be re-committed by the Court, 119
Persons committed for Treason or Felony, to be indicted at next term, 120
And tried the term after or be discharged, 120
May be retained in custody on civil suits 120
Not to be removed from one prison to another without cause, 120
Penalty for denying the writ of Habeas Corpus, 120
This writ shall run into Counties Palatine and privileged places, 120
No subjects shall be sent to foreign prisons, 121
Penalty for such imprisonment, 121
This writ not to issue in favour of persons who have contracted to be trans-
ported to the Colonies or Plantations, 121, 122
Persons convicted of Felony, and praying transportation, excepted, 122
Imprisonments prior to June 1679, excepted, 122
Prosecutions for offences against this act, to be brought within 2 years 122
After Assizos proclaimed, no person to be removed but by a Judge of Assize, 122
In suits upon this act. Defendant may plead the general issue 122
Persons committed as Accessaries before the fact in Petty Treason or Felony,
shall not be removed or bailed otherwise than as before this act was passed 123
K.
Kr.DLE's edition of the Statutes at Large of England, VI
454 I I^ D E X .
L.
Landgrave: meaning of the Term, 42
Laws : all laws are in force till repealed by the Legislature, V
Unless they expire by their own limitation, V
Not abrogated by length of time or desuetude, V
Relating to the rights and liberties of the subject, are herein inserted, VI
M.
Magna Carta of King John, VI
Editions thereof by Rapin and Blackstone, VI
Contents thereof, 75
Various promulgations of, 72
Of Henry 3rd VI
Contents thereof, 98
3I00RE, James, Esq. Act confirming him as Governor, 22d Dec. 1719 57
For supporting his government, 15th June 1720, 58
P.
Palatine : meaning of the terra, 42
The Palatine to name the Governor, 18
Durham a county Palatine, 16
Parliament : frequent Parliaments to be called 126
The two Houses to continue their sittings(1688.) 127
Freedom of Speech in Parliament, not to be questioned elsewhere. See
Bill of Rights 126
Petition of Rights, under Charles, 1st, 113 to 116
Precedency, rules of. 56
Prince of Orange : tender of the Crown of England to him, 126
Proprietors, Lords : their names and titles : see Charter of South Carolina,
Act for establi.shing an agreement with them (1729) 60
R.
Report of the Committee on Dr. Cooper's Plan, XII
Resolutions of the Legislature concerning the present work, Ill, IV
Concerning the procuring historical documents from England IX
Rights, Petition of Rights to Charles 1st and proceeding thereon 113 to 116
Bill of Rights l.W. & M. 1689
Grievances complained o f against James 2nd
Declaration that the throne was abdicated and vacant
Declaration of the rights of the subject,
The late dispensing power, and ecclesiastical courts, illegal,
Levying money otherwise than by consent of Parliament, illegal
No standing army to be kept up in time of peace
Right of carrying arms in self defence, provided for
Election of Members of Parliament to be free
Freedom of Speech in Parliament not to be elsewhere questioned,
Excessive bail not to be demanded,
Jurors in cases of Treason to be freeholders,
Liberties of the subject to be allowed,
The King's assent to the Dec laration of rights, 124, 127
RuNNYMEDE. Note on the etymology of, , 97
I ]\ ]> i: X . 455
s.
Sayle, Col. William, fir«t Governor of Carolina 17
T.
Tariff. See title "Documents," passim: and particularly pages 203 to 216; and
pages 312 to 320
Trott. Chief Justice, his edition of the laws of South Carolina Ill
Introduction to that edition 15
V.
Virginia. Cession of lands to Congress : March, 1784 159
Resolutions of Congress thereon, 1786 162
Ordinance of Congress, July 13, 1787, for the government of the Territory
North and West of Ohio, ceded liy Virginia 162
Supplementary act of Cession of Virginia, 30th Dec. 1783 167
Remarks by the Editor on the various acts of Cession 159, 169
Resolutionson the powers of the Federal Government 292
Correspondence on the mediation of Virginia, through Benjamin Watkins
Leigh, Esq. and documents relating thereto : 377 to 392
Y.
Years — double notation of Years, explained 15
END OF VOLUME ONE,
Comprising all the Enactments including the rights and liberties of the subject and Citizen,
and the rights of the States : the various Constitutions of the United States and of this State,
and all the Documents of the Conventions held in South CaroUna.
N. B. — The original spelling has been preserved.
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